All templatesREPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
THE INSOLVENCY ACT
IN INSOLVENCY CAUSE NO. .......... OF 20....
RE: RAPID BUILD CONTRACTORS LIMITED
LIQUIDATION PETITION
(Section 425 of the Insolvency Act)
The humble petition of Grace Wambui Kinyua, a creditor of the company, states as follows:
1. Rapid Build Contractors Limited (hereafter called "the company") was on 12 March 2018 incorporated.
2. The registered office of the company is at P.O. Box 55110-00200, Nairobi.
3. The nominal capital of the company is .......... shillings divided into shares of .......... shillings each. The amount of the capital paid up or credited as paid up is .......... shillings.
4. The objects for which the company was established are as follows: To .................... and other objects set forth in the memorandum of association of the company.
Corporate & Commercial
Liquidation (Winding-Up) Petition template (Kenya)
What it is for
A sample Liquidation (Winding-Up) Petition for use in Kenya, drafted under the Insolvency Act Cap 53 and the Insolvency Regulations, 2016.
The Kenyan law it follows
- Insolvency Act Cap 53 — s.384 (when a company is unable to pay its debts: an unsatisfied written demand for KES 100,000 or more left at the registered office for twenty-one days; execution returned unsatisfied; assets less than liabilities), s.424 (grounds for liquidation by the Court), s.425 (who may apply)
- Insolvency Regulations, 2016 — regulation 77B and Forms 32C (the petition), 32D (verifying affidavit) and 32E (statutory demand)
Who prepares it
This is normally drawn by an advocate, and where it is a court paper, filed by one. The sample shows what the finished document looks like.
Draft this for your matter
Advocates draft this on Lex from their own facts and download it in Word. If you need one prepared for you, find an advocate.
Sample liquidation (winding-up) petition
The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.
The rest of this liquidation (winding-up) petition is for Lex members
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This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.