Assessing whether codification of directors’ fiduciary duties will facilitate at least partly improved corporate governance in Kenya: a critical analysis of the duty to promote the success of the company

Simple item page
dc.contributor.authorChemutai, Kosgei Brenda
dc.date.accessioned2017-08-04T07:29:08Z
dc.date.available2017-08-04T07:29:08Z
dc.date.issued2017-01
dc.descriptionSubmitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law Schoolen_US
dc.description.abstractKenya has in the past witnessed numerous collapses of banks, insurance companies, stockbrokers as well as state corporations. These failures have highly been attributed by numerous authors to the weak regulatory framework governing directors’ duties. The new Companies Act which was assented to on September 2015, proposed to introduced a written statutory statement of directors’ duties, and this was seen as a positive change within the realm of Kenya’s corporate governance, at least on the face of things. However, these duties, particularly that set out in section 143 (1) (af), are coupled with uncertainties and it begs the question as to whether these uncertainties will curtail the achievement of that which was intended by the codified duties. This research paper therefore attempts to analyze the duty set out in section 143 (1) (a-f) which obligates directors to promote the success of the company for the benefit of its members as a whole with due regard to a list of factors set therein. This analysis shall seek to identify the advantages of codification as well as the uncertainties associated with the duty. It shall endeavor to explore a comparative analysis of the corporate law in the United Kingdom and attempts to analyses the manner in which the identified uncertainties in the new Act have been resolveden_US
dc.identifier.urihttp://hdl.handle.net/11071/5290
dc.language.isoenen_US
dc.publisherStrathmore Universityen_US
dc.subjectCodificationen_US
dc.subjectDirectors’ fiduciary dutiesen_US
dc.subjectCorporate governanceen_US
dc.subjectKenyaen_US
dc.subjectsuccessen_US
dc.titleAssessing whether codification of directors’ fiduciary duties will facilitate at least partly improved corporate governance in Kenya: a critical analysis of the duty to promote the success of the companyen_US
dc.typeDissertationen_US
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
Assessing whether codification of directors’ fiduciary duties will facilitate at least partly improved corporate governance in Kenya a critical analysis of the duty to promote the success of the company.pdf
Size:
231.02 KB
Format:
Adobe Portable Document Format
Description:
Full text
Download
License bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
license.txt
Size:
1.71 KB
Format:
Item-specific license agreed upon to submission
Description:
Download
Collections
LLB Research Projects (2017)