New book set to strengthen Kenya’s corporate insolvency practice

New book set to strengthen Kenya’s corporate insolvency practice
Former President Court of Appeal Justice Daniel Musinga ,Sammy Ndolo, Managing Partner at Cliffe Dekker Hofmeyr (CDH) and Law Society of Kenya Eric Kivuva launch the Corporate Insolvency Law book authored by Sammy Ndolo/courtesy

NAIROBI, Kenya, July 28 – Kenya’s corporate insolvency landscape has received a major boost following the launch of Corporate Insolvency Law, the country’s first comprehensive publication dedicated exclusively to corporate insolvency law and practice.

Authored by seasoned insolvency practitioner Sammy Ndolo, the landmark publication fills a long-standing gap by providing an authoritative yet practical guide for legal practitioners, judges, insolvency professionals, regulators, academics, students and members of the public navigating Kenya’s evolving insolvency framework.

The book comes more than a decade after the enactment of the Insolvency Act, 2015, which fundamentally transformed Kenya’s insolvency regime.

The law shifted the focus from business liquidation to business rescue, corporate restructuring and the preservation of viable enterprises, bringing Kenya’s insolvency framework closer to international best practice.

Despite these reforms, there has been no single reference work bringing together the legislation, judicial decisions and practical application of the law.

Corporate Insolvency Law addresses this gap by providing a comprehensive commentary on the Insolvency Act and explaining how its provisions operate in practice.

The publication examines the full corporate distress cycle, from the early warning signs of financial difficulty through restructuring and business rescue to liquidation and eventual dissolution where recovery is no longer possible.

It provides detailed analysis of key insolvency mechanisms, including liquidation, administration, receivership, company voluntary arrangements, schemes of arrangement, pre-insolvency moratoriums and cross-border insolvency.

The book also explores the specialised insolvency regimes governing banks and insurance companies, where additional regulatory oversight and public interest safeguards are required.

Drawing on Kenyan legislation, emerging local jurisprudence and comparative decisions from Commonwealth jurisdictions, the publication combines rigorous legal analysis with practical guidance for professionals responsible for interpreting and implementing the Insolvency Act.

The commentary reflects the law as at April 30, 2026, while incorporating significant subsequent legal developments where applicable.

Speaking during the launch in Nairobi, Ndolo said the publication is inspired by the practical challenges he encountered while practising corporate insolvency law.

“When I began practising in this field, I quickly realised there was no single accessible text bringing together the law and practice governing corporate insolvency in Kenya,” he said.

“Practitioners, judges, academics and students were forced to rely on fragmented statutes, scattered case law and foreign materials. This book is an attempt to bridge that gap and provide a reliable resource for everyone engaged in insolvency practice.”

Beyond serving as a legal reference, the book highlights the growing importance of an effective insolvency regime in supporting business continuity, protecting creditors’ rights, safeguarding jobs and strengthening confidence in Kenya’s commercial and financial systems.

The launch also comes at a time when demand for effective corporate restructuring solutions is growing.

Recent data shows that at least 40 Kenyan companies applied for voluntary liquidation or bankruptcy protection in the nine months to March, up from 24 companies during the same period a year earlier.

The report attributes the increase to persistent cash flow challenges despite lower inflation, a stronger shilling and reduced interest rates.

Weak consumer spending and delayed payments continue to put pressure on businesses, forcing more companies to either cease operations or seek legal protection from creditors.

During the period, liquidation cases rose by 56 per cent, while bankruptcy applications increased by 73 per cent.

As corporate restructuring and business rescue become increasingly important in Kenya’s dynamic economy, the book is expected to become an indispensable resource for those applying, interpreting and developing the country’s insolvency laws.

It also expected to contribute to the fair, efficient and principled administration of insolvent companies while supporting the continued evolution of Kenya’s corporate insolvency practice.