Insolvency, Restructuring & Turnaround

Insolvency & Restructuring Law in Kenya

Financial distress calls for fast, clear-headed advice — whether you are a creditor seeking recovery, a board navigating difficult decisions, or a business that can be saved with the right restructuring. As insolvency lawyers in Kenya, OLM Law advises across the full range of insolvency, restructuring and turnaround matters.

The legal framework

The Insolvency Act 2015 modernised Kenya’s insolvency regime and placed greater emphasis on rescuing viable businesses rather than simply winding them up. It provides for administration, company voluntary arrangements, liquidation and bankruptcy, alongside the established remedy of receivership. We help clients choose and implement the right procedure for their circumstances.

What is liquidation in Kenya?

Liquidation is the formal process of winding up a company, realising its assets and distributing the proceeds to creditors before the company is dissolved. Under the Insolvency Act 2015, liquidation in Kenya takes three forms:

1. Members’ voluntary liquidation — used where the company is solvent and the directors make a statutory declaration of solvency.
2. Creditors’ voluntary liquidation — used where the company is insolvent and the creditors appoint the liquidator.
3. Liquidation by the court — ordered by the court, most commonly where a company is unable to pay its debts.

What does an insolvency lawyer in Kenya do?

An insolvency lawyer advises companies, directors, creditors and officeholders on the procedures available when a business is in financial distress, and on the duties owed once insolvency approaches. Their work typically covers:

• Administration and business rescue
• Company voluntary arrangements
• Liquidation and winding up
• Receivership and security enforcement
• Directors’ duties and personal liability
• Cross-border insolvency recognition

How we help

• Corporate restructuring and workouts — negotiating with creditors, restructuring debt and documenting standstill and rescheduling arrangements.
• Administration and business rescue — advising on and implementing administration to preserve value and give a viable business room to recover.
• Liquidation — members’ and creditors’ voluntary liquidation and court-ordered liquidation, acting for companies, directors and creditors.
• Receivership and security enforcement — advising secured lenders on the appointment of receivers and the enforcement of security.
• Directors’ duties — advising boards on their duties as a company approaches insolvency, where the risk of personal liability is greatest.
• Cross-border insolvency — coordinating recognition and creditor action where assets or proceedings span more than one jurisdiction.

Why clients choose OLM

Insolvency situations move quickly and the stakes are high. Our team is decisive and commercial, balancing the protection of value with the legal duties owed to creditors and stakeholders.

Frequently asked questions

Can a struggling company be saved rather than wound up?

Often, yes. The Insolvency Act 2015 provides for administration and company voluntary arrangements designed to rescue viable businesses; early advice greatly improves the options available.

What should directors do if the company may be insolvent?

Take advice immediately. Directors’ duties shift as insolvency approaches, and acting promptly reduces both the harm to the business and the risk of personal liability.
For urgent insolvency or restructuring advice, contact OLM Law’s insolvency lawyers.