Reconsider insolvency law to save companies from premature death

Statistics published by the official receiver on Kenyan insolvency matters reveal a number of interesting trends. Company voluntary arrangements and administration despite the potential for business rescue have had almost no uptake.

Liquidation despite its disadvantages remains the most popular insolvency process. For example, the liquidation of ARM Cement Limited saw secured creditors recover 62 per cent of their debt, preferential creditors 100 per cent, and unsecured creditors only 6.2 per cent. Overall, insolvency numbers have yet to reduce to pre-pandemic levels.

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Note: The results are not exact but very close to the actual.