Aden Bare Duale

All parliamentary appearances

Entries 13201 to 13210 of 17810.

• 22 Oct 2014 in National Assembly: This part also provides for the manner in which a property of a person who has been declared bankrupt is to be handled. Under the new Constitution, you do not wake up one morning and take the property of hon. Gladys Wanga in Homa Bay and say that she is bankrupt. No, the process should be followed. There are many opponents of the great lady in Homa Bay and every night, they pray that this lady or hon. Duale is declared bankrupt. Once this Bill is assented to and becomes law, then those masquerading outside, who wish Kenyans to be ... view
• 22 Oct 2014 in National Assembly: The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor. view
• 22 Oct 2014 in National Assembly: Hon. Temporary Deputy Speaker, Clause 103 of the Bill provides for the manner in which payments due to a bankrupt person by the trustee should be applied. Clause 109 provides for the protection of the purchaser’s property or a property belonging to a person who has been declared bankrupt in good faith, the process by which the property passes to the purchaser. Clauses 113 to 199, a large number of clauses, deal with the element of disclaimer of onerous property by a trustee, while Clauses 120 to 124 deal with disclaimer in relation to shares and other securities, while at ... view
• 22 Oct 2014 in National Assembly: Part VI of the Bill provides for the status of a bankrupt person’s property, how he should he declared bankrupt, in which case, all property that has been passed to a bankrupt person will vest in the trustee. It sets out the duties of a bankrupt person. It imposes a general duty to assist to the best of his ability the realization of his property and the distribution of the proceeds. So, even when one is declared bankrupt, this law gives him a chance; it creates a general duty on how you can be assisted to realize back your property. view
• 22 Oct 2014 in National Assembly: Clauses 147 to 156 restrict the right of a bankrupt person to deal with a property. If you are declared bankrupt, the right to deal with your property is well documented in Clauses 147 to 155. In this regard, such a person or any other person cannot recover any property which is part of the estate or release or discharge such a property. Clause 151 confers the right of the bankrupt person to retain tools of trade and necessary effects, but this does not affect any right under security or hire purchase agreement. So, you have the leeway to retain ... view
• 22 Oct 2014 in National Assembly: Hon. Speaker, Part VII of the Bill confers the right upon the trustee to give an examination of a bankrupt person either before or after his discharge. So, the process for due diligence examination of a person who has been declared bankrupt is provided for in this Bill. view
• 22 Oct 2014 in National Assembly: Clauses 164 to 170 provide for the manner in which a public examination of a bankrupt person is to be carried out by the court. So, the process in which an examination is carried out on a bankrupt person by a court of law is well documented in this Bill. Clauses 171-174 deal with how to empower the trustee, or the person appointed by him where he is authorised by a court. What does he do? He does examination of books of a company or a shareholder of a company on the affairs of that company. view
• 22 Oct 2014 in National Assembly: Hon. Speaker, Clauses 175 to179 provide for the status of contracts entered into by a bankrupt person prior to adjudication. They deal with his rights, rights upon the trustee to either continue with the contract or disclaim it. If I may go back, Part V relates to trustees in bankruptcy. It provides for the appointment of the trustees of the estate of a bankrupt person and the summoning of the meeting by the official receiver for this purpose. It also outlines the powers and duties of the trustees. This is also set out in the Second Schedule of this Bill. ... view
• 22 Oct 2014 in National Assembly: the process of appointment of the Trustee by the Cabinet Secretary and the process of his removal by an order of a court of law, or by a general meeting of creditors summoned for that purpose and a subsequent release under Clause 210. view
• 22 Oct 2014 in National Assembly: Clause 215 of the Bill stipulates the liability of a trustee where the court, on application of an official receiver, the Cabinet Secretary or a creditor; is satisfied that the trustee has misappropriated funds, or the estate has suffered considerable loss as a result. So, it puts checks and balances on trustees who have been given powers by law to manage estates. view