Posted: Feb 06 2026

The Insurance Regulatory Authority (IRA) participated in the Judicial Dialogue on Business Insolvency for the Commercial and Tax Division of the High Court, a four-day Judges’ Colloquium organized by the Kenya Judiciary Academy. The forum, themed “Judicial Approaches to Insolvency under the Insolvency Act, 2015: From Corporate Rescue to Bankruptcy,” took place from 2nd to 6th February 2026 at Ole Sereni Hotel in Nairobi.

The Authority was represented by a team from the Corporate Services and Legal Services Directorate (CSLSD), led by Ms Diana Sawe, the Corporation Secretary and Director of Legal Services, and accompanied by Senior Legal Officer, Ms. Lydiah Ndirangu and Legal Officer Mr. John Mueke.

Corporation Secretary and Legal Services Director Madam Diana Sawe delivering the presentation

During the forum, Ms. Sawe led the Authority’s engagement with the Judiciary, stating key provisions of the Insurance Act relating to the regulation and supervision of the insurance industry, the mandate and powers of the Commissioner of Insurance. She explained the role of the Authority in the resolution of insurance companies, including early regulatory intervention, the appointment of Statutory Managers under Section 67C of the Insurance Act, and the filing of insolvency petitions by the Commissioner.

The presentation also covered the statutory management process, the circumstances that trigger regulatory intervention, and the role of the courts in supporting asset protection and orderly resolution.

Ms. Lydiah Ndirangu, Senior Legal Officer during the session

Ms. Lydiah Ndirangu complemented the presentation by discussing case studies of insurers that have undergone statutory management and liquidation. She outlined practical challenges experienced during the resolution of insurance companies, such as protracted determination of insolvency petitions, multiplicity and misuse of insolvency proceedings, and difficulties in asset preservation. The discussion also drew lessons from these experiences and highlighted legislative and regulatory amendments undertaken by the Authority to address identified gaps.