Business Law: Registration of Partnerships in Kenya

Below is section 68-74 of the Kenya  Partnerships Act which provides for the registration of partnerships in Kenya.

Application for registration
(1) A person who wishes to register a partnership shall deliver to the
Registrar an application for registration together with a statement specifying—
(a) the name under which the limited partnership is to be registered;
(b) the names and addresses of the proposed genera! partners;
(c) the name of each proposed limited partner and the amount of capital
contribution made by the partner to the partnership;
(d) the location and address of the proposed registered office; and
(e) if the application relates to an existing general partnership, the date
of its formation.
(2) The statement shall be signed by—
(a) the proposed general partner; or
(b) if there is more than one proposed general partner, all of the
proposed general partners.
69. Registration and registration certificate
(1) On receiving an application for the registration of a limited partnership
under section 68, the Registrar shall, if satisfied that section 65 has been
complied with—
(a) register it as a limited liability partnership; and
(b) issue it with a registration certificate.
(2) A registration certificate shall indicate—
(a) the name of the limited partnership as specified in the application for
registration;
(b) the fact of its registration as a limited partnership; and
(c) the date of registration,
and shall be signed by the Registrar.
(3) If the partnership to which the application relates was not formed before
registration, the partnership is formed when it is registered.
70. Registration of charges, deregistration and other matters
(1) The Registrar may make rules relating to the procedures of registration
under this Act.
(2) The Fifth Schedule shall have effect for purposes of this section.
71. Offences of providing false information
(1) A person who knowingly provides or causes to another person provide,
false information commits an offence and is liable on conviction to a term not
exceeding six years or to a fine not exceeding one hundred thousand shillings or
to both.
(2) A person who provides, or causes or allows another person to provide, in
a notice to the Registrar, changes or corrections which the person knows to be
false, commits an offence and is liable on conviction to imprisonment for a term
not exceeding six years or a fine not exceeding one hundred thousand shillings
or to both.
72. Offences by bodies corporate
(1) If an offence under this Part committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of an officer
of the body corporate; or
(b) to be attributable to neglect on the part of such an officer,
the officer as well as the body corporate commits an offence and is liable on
conviction to a fine not exceeding one hundred thousand shillings, and the officer
is liable in addition to the fine to imprisonment for a term not exceeding six
months, or to both.
(2) If the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts and defaults of a member in connection with his
functions of management as if the member were a director of the body corporate.

(3) In this section, “officer” includes—
(a) a director, manager or secretary; and
(b) a person purporting to act as director, manager or secretary.
73. Evidence
(1) A certificate of the registration of a partnership is conclusive evidence
that—
(a) the requirements relating to registration, and other matters
precedent and incidental to it, have been complied with;
(b) the partnership was registered as a limited partnership on the date
stated in the certificate; and
(c) its partnership name is as specified in the certificate.
(2) A certificate of a change in the name of a partnership shall in the absence
of evidence to the contrary, be evidence that—
(a) the partnership was registered as having a new name on the date
specified in the certificate; and
(b) its partnership name is as specified in the certificate.
(3) A copy of an original document or of part of such a document sent to the
Registrar shall, if purporting to be certified by the Registrar, be admissible in a
legal proceeding as evidence of the contents of that document or part of the
document.
74. Disclosure of information about partners, etc.
(1) A person dealing with a partnership shall be entitled, on request to the
partnership or to a partner, to be informed of—
(a) the full name of each partner; and
(b) the address of service of each partner.
(2) A person who has a complaint against a partnership connected with the
dealings the person has had with the partnership shall be entitled, on request
made to the partnership, a partner of a former partner, to be given such
information as the partnership, partner or former partner is reasonably able to
provide or to obtain with regard to—
(a) the full name of each person who was a partner at the time of the
act or omission to which the complaint relates; and
(b) an address for service, or the last known address, of each such
person.
(3) The Registrar may in consultation with the Minister, make rules relating
to—
(a) the making of claims made against a partnership;
(b) a partner or former partner in respect of a partnership obligation
before legal proceedings are brought in respect of a claim for an
order for the disclosure of the information in subsection (1) or (2).