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LAWS OF KENYA
SOCIETIES ACT
CAP. 108
- Assented to on 6 February 1968
- Commenced on 16 February 1968
- [Amended by Statute Law (Repeals and Miscellaneous Amendments) Act, 1997 (Act No. 10 of 1997) on 7 November 1997]
- [Amended by Societies (Amendment) Rules, 2003 (Legal Notice 71 of 2003) on 20 June 2003]
- [Amended by Companies and Insolvency Legislation (Consequential Amendments) Act, 2015 (Act No. 19 of 2015) on 3 July 2017]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited at the Societies Act.2. Interpretation
3. Societies established in Kenya
For the purposes of this Act, a society is established in Kenya, although it may be organized and have its headquarters or chief place of business outside Kenya, if any of its officers or members resides in Kenya or is present therein, or if any person in Kenya manages or assists in the management of the society or solicits or collects money or subscriptions on its behalf, except during such time as—Part II – UNLAWFUL SOCIETIES
4. Unlawful societies
5. Managing unlawful society
Any person who manages or assists in the management of an unlawful society shall be guilty of an offence and be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand shillings, or to both such imprisonment and such fine.[Act No. 10 of 1997, Sch.]6. Being member of unlawful society
Any person who, knowing or having reasonable cause to believe, a society to be an unlawful society—7. Prohibition of specified acts by or on behalf of certain societies
Part III – REGISTRATION AND EXEMPTION FROM REGISTRATION
8. Appointment of Registrar of societies and other officers
The Cabinet Secretary shall, by notice in the Gazette, appoint a Registrar of Societies to perform the duties and exercise the powers imposed and conferred on the Registrar by this Act, and may appoint a Deputy Registrar and any number of Assistant Registrars, who shall be subject to the directions of the Registrar.[Act No. 19 of 2015, s. 11.]9. Society to apply for registration or exemption
Every society shall, in the prescribed manner and within twenty-eight days after the formation thereof, make application to the Registrar for registration or for exemption from registration under this Act.10. Manner of effecting registration or exemption from registration
11. Refusal of registration
12. Cancellation or suspension of registration
13. Rescission of exemption
The Registrar may, with the approval of the Cabinet Secretary, at any time rescind the exemption of a society from registration given under section 10 of this Act, and if he does so he shall forthwith notify the society thereof:Provided that the society, if it is not a society of one of the kinds specified in paragraphs (i), (ii) and (iii) of the proviso to section 4(1) of this Act, may, within a period of twenty-eight days from the date of the receipt of notification of the rescission, apply for registration under this Act, and where the society does so it shall not, unless and until such application is refused, be an unlawful society, notwithstanding the said section 4(1).[Act No. 19 of 2015, s. 14.]14. Cessation of existence of society
15. Appeal from order of refusal, cancellation or suspension
Part IV – CONDUCT AND ADMINISTRATION OF SOCIETIES
16. Office and postal address
17. Change of officers or title of office
18. Disputes as to officers
19. Contents of constitution or rules
20. Registered society to obtain consent of Registrar before amending name, constitution, etc.
21. Exempted society to inform Registrar of amendment of name, etc.
22. Officers on dissolution
Notwithstanding the dissolution or purported dissolution of a society, the persons who, immediately before the dissolution or purported dissolution, were officers of the society shall be deemed, for the purposes of sections 20 and 21 of this Act, to have been and to be such officers.23. Restriction of appointment of certain officers, etc.
24. Purporting to act as officer
Any person who—25. Register of members
26. Books of account
27. Treasurer to render accounts
28. Inspection of accounts and documents
29. Meetings of societies
30. Annual returns
31. Registrar may call for information and accounts
32. Discretion to publish certain information
The Registrar, where it appears to him to be in the interests of the members of any society, may publish in the Gazette, or by advertisement in any newspaper or in any other manner he may think fit, any information received by him under section 20, section 21 or section 31 of this Act.Part V – WINDING-UP
33. Liquidation of certain societies
34. Procedure when the Society is solvent
35. Procedure if society is insolvent
36. Supplementary provisions relating to the liquidation of society
37. Part not to apply to forfeited property
This Part does not apply to any property ordered under section 43 of this Act to be forfeited.Part VI – INVESTIGATION OF OFFENCES AND PUNISHMENT OF OFFENDERS
38. Power to investigate
39. Powers of entry, arrest and search
A magistrate, a police officer of or above the rank of Assistant Superintendent or any police officer authorized in writing by a magistrate or by such a police officer may without warrant enter with or without assistance any house or building or any place in which he has reason to believe that a meeting of an unlawful society, or of persons who are members of an unlawful society, is being held, and may without warrant arrest or cause to be arrested all persons found therein, and search such house, building or place, and seize or cause to be seized all insignia, banners, arms, books, papers, documents and other property which he has reasonable cause to believe belong to an unlawful society or are in any way connected with the purpose of the meeting:Provided that—40. Offences cognisable
Offences under section 5, section 6 or section 7 of this Act shall be cognizable to the police.41. Proceedings against societies
42. General penalty
Where a society is guilty of an offence under this Act for which no penalty is expressly provided, the society shall be liable to a fine not exceeding five thousand shillings, and in addition every officer thereof shall be guilty of the like offence and liable to the like fine or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment:Provided that an officer shall not be convicted of the offence if he establishes to the satisfaction of the court that he exercised due diligence to prevent its commission and that the offence occurred by reason of matters beyond his control.43. Forfeiture
A court may at any time order that any books, accounts, writings, banners, insignia or other property belonging to any unlawful society shall be forfeited and delivered to the Registrar for disposal in such manner as he may see fit.Part VII – EVIDENCE
44. Admissibility of certified copies and extracts
45. General presumptions
In any prosecution or other proceedings under this Act—46. Presumption of membership and existence of society
47. Evidence of membership of unlawful society
In any prosecution under this Act, it shall be no objection to the admissibility of evidence as to the constitution or rules, objects or activities of any society that the witness tendering such evidence is not or has not been a member of any unlawful society.Part VIII – GENERAL
48. Inspection of documents by public
On payment of the prescribed fees, any person may inspect at the office of the Registrar the register and any documents relating to any society lodged with the Registrar under this Act, and may obtain from the Registrar a copy of or extract from such register or document.49. Orders binding if served
An order given by the Registrar to any society under section 18, section 19 or section 31 of this Act shall be binding—50. Service of summons
51. Exemption
Subject to the special provisions as to exemption from registration contained in section 10 of this Act, the Registrar may, by writing under his hand, exempt any specified society from all or any of the provisions of this Act or of any rules made thereunder, subject to such conditions, if any, as he may think fit, and may at any time cancel any such exemption or amend any such condition.52. Indemnification of public officers
No suit shall lie against any public officer for anything done or omitted to be done by him in good faith and without negligence in the intended exercise of any power or the intended performance of any duty conferred or imposed on him by or under this Act.53. Rules
54. [Spent]
55. Savings and transitional provision
If —History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
03 July 2017
20 June 2003
Amended by
Societies (Amendment) Rules, 2003
07 November 1997
16 February 1968
Commenced
Read this version
06 February 1968
Assented to
Documents citing this one 373
Judgment 336
Gazette 13
Act 12
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Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Order Declaring a Society Dangerous to the Good Government of the Republic | Legal Notice 42 of 2002 | 31 December 2022 |
Order Declaring a Society Dangerous to the Good Government of the Republic | Legal Notice 327 of 1968 | 31 December 2022 |
The Societies Rules | Legal Notice 62 of 1968 | 31 December 2022 |