No Asset Procedure
This is an arrangement applicable where the debtor has no realizable assets to repay the debt. It is applicable where the debt is not less than one hundred thousand shillings (Kshs. 100,000/=) and does not exceed four million shillings (Kshs. 4,000,000/=). Once a person is admitted under NAP, they cannot take up new debts during the period of admission. The debtor is mandated to pay alimony, child maintenance and education loans for a dependent child or step-child. This option is however not available to a person who has previously been adjudged bankrupt or admitted to NAP.
Where an application for admission to the No-Asset Procedure is presented to the Official Receiver the following actions shall be undertaken:
- State Counsel will go through the application.
- If the application is properly drawn, approve the petition and indicating the amount to be paid by the petitioner
- Direct the petitioner to make payment of statutory fees at the BRS accounts office.
- State Counsel generate a Certificate of Compliance
- Open a file.
- Write to the creditors to present their response to the debtor’s application
- Where no response is received from the creditors, do a reminder.
- Convene a creditors’ meeting where necessary
- Investigate the affairs of the debtor.
- If Satisfied that the debtor is eligible, the Official Receiver shall admit the debtor to the No-Asset Procedure
- Notify creditors of the debtor’s admission.
- Publish a notice of the debtor’s admission.