Wakoli Bifwoli

All parliamentary appearances

Entries 171 to 180 of 1336.

• 7 Jun 2011 in National Assembly: Thank you, Mr. Deputy Speaker, Sir. I recollect that in 1979 when I was elected the Chairman of the Law Society of Kenya, we raised two issues; one was the setting up of a Supreme Court and two, representation on the Judicial Service Commission of the Law Society. The former has been achieved and I view
• 7 Jun 2011 in National Assembly: am glad that I am witnessing today the completion of the exercise of having a Supreme Court in this country. As you know, beginning yesterday, we are currently involved in interviewing the judges of the Supreme Court. Therefore, the enactment of this Bill could not have come at a better time. Therefore, I wish to congratulate the Minister for Justice, National Cohesion and Constitutional Affairs for providing leadership in ensuring that this Bill is drafted by the Attorney-General and it comes to this House in good time for it to be enacted before the appointment of the judges of the ... view
• 7 Jun 2011 in National Assembly: Mr. Deputy Speaker, Sir, I beg to move that The Insolvency Bill be read a Second Time. view
• 7 Jun 2011 in National Assembly: Mr. Deputy Speaker, Sir, only about three weeks ago, I had the privilege of moving The Companies Bill. While doing so, I mentioned that the current Companies Act is the same word by word as the Companies Act that was there in the United Kingdom in 1949. The debate that I am now moving is going to bring together the liquidation and winding up sections which were in The Companies Act and The Bankruptcy Act. The Bankruptcy Act that we have applies to individuals and, obviously, the liquidation and winding up provisions, under The Companies Act, apply to companies. The ... view
• 7 Jun 2011 in National Assembly: Mr. Deputy Speaker, Sir, what would normally happen in this type of case is that if a creditor has obtained such a judgement, he would, in both cases, have really tried to execute and obtain payment of the liquidated sums. It is only when he fails to get any property from the debtor to satisfy the liquidated amount that he now goes for the final step of declaring a person bankrupt. view
• 7 Jun 2011 in National Assembly: Clause 21(1) continues to say, in paragraph (b), that a debtor commits an act of bankruptcy if- “(b) a debtor has been served with a bankruptcy notice and the debtor has not, within the time limits specified, complied with the requirements of the notice or satisfied the court that he has a counter-claim against the creditor.” view
• 7 Jun 2011 in National Assembly: In most cases, instead of the creditor going to the court, filing a case and obtaining judgement, he may feel that “this amount rightfully belongs to me and there is view
• 7 Jun 2011 in National Assembly: no defence to it, which can be raised by the debtor. Therefore, the best way I can get my money back is to serve him with a bankruptcy notice”, so that if the debtor does not pay the amount of money within the notice period, the creditor can file a case in court using the bankruptcy notice in his possession. Mr. Deputy Speaker, Sir, if I may just, again, explain the issue of bankruptcy is such a serious matter, which will, in most cases, affect the rights of the individual. In fact, according to the Constitution, you cannot stand for ... view
• 7 Jun 2011 in National Assembly: you have in your possession, then you will be committing an offence. Clause 298 will deal with you. Mr. Deputy Speaker, Sir, the bankrupt person can also commit an offence if he conceals books of accounts and papers or falsifies those books of account. A bankrupt person also commits an offence under Clause 302 on page 967, if he fraudulently disposes off the property particularly knowing that he is bankrupt. For example, he can now start selling all his property quietly and so on, for the period of five years then he will be committing an offence under this Act. ... view
• 7 Jun 2011 in National Assembly: With those few remarks, I beg to move and I will ask my dear friend to second me. He is a man who knows this matter very well. He comes from the right Ministry, he has the right experience and I am glad that he is seconding me. view