18 Days to Apply to Set Aside a Statutory Demand in Insolvency
A debtor served with a statutory demand must apply to the High Court within the prescribed window to set aside the demand before a liquidation or bankruptcy petition is presented.
18 Days
Governed by Insolvency Regulations & Insolvency Act, 2015 and Section 57(a) of Cap 2 (trigger date excluded).
Calendar Days Counted
Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.
Runs Through Recess
Appellate & statutory limitation periods continue unless certified.
Statutory Computation Rule (18 Days)
A debtor served with a statutory demand must apply to the High Court within the prescribed window to set aside the demand before a liquidation or bankruptcy petition is presented.
Key Practice Questions
Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.
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