a) Regarding the debtor's conduct. As and when required by the court:

i. To investigate and report to the court on the debtor's conduct (in order to determine whether a discharge should be granted);

ii. To take part in the debtor's public examination (where required);

iii. To take part in the prosecution of a debtor accused of fraud.

b) Regarding the debtor's estate:

i. To act as receiver, temporary trustee or special manager (where one is needed but no one is acting as such);


ii. To authorise the special manager to raise moneys or to make advances, where necessary;

iii. To summon and to chair the first meeting of creditors;

iv. To issue and process forms of proxy for use at meetings of creditors;

v. to report to creditors on any proposal for a composition or scheme of arrangement;

vi. To arrange for advertisements in the Kenya Gazette and local papers, as and when necessary (e.g. in respect of the receiving order, the first meeting of creditors, and the public examination);

vii. To act as trustee (where necessary to protect assets);

viii. To authorise, on occasion, the employment of an accountant (e.g. to prepare the debtor's statement of affairs).

 Special Manager

 a) A special manager may be appointed:

 i. if the debtor's business needs a manager;

ii. at the request of a creditor;

iii. by the official receiver (at his discretion).

 b) The debtor himself may be the special manager, if the official receiver considers it in order for him to act;

c) The special manager must give security as directed by the court;

d) The special manager must submit accounts (verified by affidavit) to the official receiver who, after approving them, adds them to his own accounts;

e) The special manager's remuneration is fixed by the creditors in general meeting, or by the court;

f) The official receiver can remove the special manager, if he considers he is no longer needed. The official receiver must remove the special manager if the creditors so resolve (by special resolution).