The Law Relating to Societies Under Kenya Company Law

The law relating to societies in Kenya is contained in the Societies Act Cap 108 of the Laws of Kenya. A Society is defined to include any club, company, partnership or other association of ten or more persons, whatever its nature or object, established in Kenya or having its headquarters or chief place of business in Kenya, and any branch of a society, but does not include,*.A company or a foreign company as defined under the Companies Act.*.Any corporation incorporated by or under any other written law.*.A registered trade union within the meaningof the Trade Unions, including a branch of atrade union registered under that Act.*.A company, firm, association or partnership consisting of not more than twenty persons, formed and maintained with a view to carrying on business for profit.*.A co-operative society registered as such under any written law.*.A school registered under the Education Act, advisory council, Board of Governors, District Education Board, school committeeor similar organization established under orin accordance with the provisions of any written law relating to education.*.A building society as defined by the Building Societies Act.*.A bank licensed under the Banking Act.*.Any international organization of which Kenya is a member, or any branch, section or organ of any such organization.*.Any combination or association which the Minister may, by order, declare not to be a society for the purposes of this Act.The effect of the foregoing is that the type of organizations that may be registered as societies is severely limited by the Act. However, this is the primary method (other than as NGOs) by which charitable and not for profit organizations may be registered.A society may be a registered society or an exempt society. Societies are exempt when they do not have to comply with certain requirements of societies such as rendering accounts and annual returns to the Registrar.Applications for registration or for exemptionfrom registration for societies are made to the Registrar of Societies together with a copy of the society’s constitution and rules.The Registrar shall consider every application for registration of a society or forexemption from registration and shall communicate his decision thereon to the society within one hundred and twenty days of receipt of the application.Upon registering a society or exempting it from registration, the Registrar shall issue to the society a certificate of registration or exemption from registration in the prescribedform.The Registrar of Societies is given a wide andunfettered discretion in registering or refusing registration to organizations, although a society aggrieved by the decision of the Registrar may appeal first to the Minister and thereafter to the High CourtIn Kenya, the type of organizations that are registered as societies include political parties, self-help groups, neighborhood associations and a wide variety of charitable associations. Registration is often easily granted to most such organizations, except for political parties, which are thoroughly scrutinized and vetted before they are registered or refused registration.