Community Groups Registration Act

Section 1. Short title Section This Act may be cited as the Community Groups Registration Act.

Section 2. Interpretation Section In this Act, unless the context requires— "amalgamation" means the arrangement where two or more community groups unite to form a community-based organisation but the constituent community groups retaining their respective individual identities; "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to social development; "Civil Society Organizations" means organizations that provide technical and advocacy support to the communities but do not provide funding; "community" means persons resident in the same geographic locality or who are considered as a unit because of their shared common interests; "community development" means a process where a community takes collective action and generates solutions to common problems; "community group" means a voluntary association of individuals from the same community which is self-organised for a common purpose aimed at improving the livelihood of the group members or for a community benefit and includes a special interest group, community project and community-based organisation but shall not include a Public Benefit Organization, Non-Governmental Organization or groups formed to c...

Section 3. Director of Social Development Section 3(1) There shall be a Director of Social Development which shall be an office in the public service. Section 3(2)(a) mobilising communities to form groups to undertake community projects; Section 3(2)(b) the registration of community groups; Section 3(2)(c) the supervision, monitoring and evaluation of community projects by community groups and, on the request of an interested party, the investigation of community group activities; Section 3(2)(d) the establishment and maintenance of a community development management information system; Section 3(2)(e) the establishment of capacity-building and training programmes for community groups; Section 3(2)(f) enhancing partnerships, collaboration and linkages with other persons, groups or organisations for the benefit of the community; Section 3(2)(g) overseeing the operations of social development committees; Section 3(2)(h) approving, monitoring and evaluating the budget proposals provided by social development committees; and Section 3(2)(i) performing such other functions as may be assigned by the Cabinet Secretary.

Section 4. County co-ordinator of social development Section 4(1) The Director shall appoint a county co-ordinator of social development for each county. Section 4(2) The county co-ordinator of social development shall be responsible for the performance of the Director’s functions in the county. Section 4(3)(a) the establishment and supervision of social development committees in the county; Section 4(3)(b) the nomination of representatives of civil society organisations and social development partners to social development committees; and Section 4(3)(c) the performance of any other functions as may be assigned by the Director.

Section 5. Social development committees Section 5(1)(a) the sub-county social development officer from the national government; Section 5(1)(b) two representatives from the county government, one of whom shall be the officer responsible for social development in the county government; Section 5(1)(c) a representative of the Deputy County Commissioner responsible for the sub-county; Section 5(1)(d) four representatives of development partners and civil society organizations operating in the county who shall be nominated by the county coordinator of social development; Section 5(1)(e) five representatives of registered community groups operating in the sub-county who shall be nominated by the community groups; and Section 5(1)(f) where necessary or practicable, representatives of national government ministries, departments or agencies operating in the sub-county. Section 5(2) The persons appointed under subsection (1) shall be appointed by the county co-ordinator of social development who shall, in making the appointments, ensure ethnic and regional balance and the inclusion of persons with disabilities. Section 5(3) The sub-county department responsible for social development shall...

Section 6. Functions of social development committees Section act as a link between the national government and community groups, communities and other development partners;

Section 7. Business and affairs of social development committees Section 7(1) The business and affairs of social development committees shall be conducted in accordance with the First Schedule. Section 7(2) Except as provided in the First Schedule, social development committees may regulate their own procedure.

Section 8. Remuneration of members of social development committees Section The Cabinet Secretary shall, on the advice of the Salaries and Remuneration Commission, determine the allowances payable to the members of social development committees for out-of-pocket expenses incurred in the performance of their functions.

Section 9. Registration of community groups Section 9(1) A group of persons may, if they so wish, apply in the prescribed form to the Director for registration as a community group. Section 9(2)(a) the members are adults; Section 9(2)(b) the members have a common purpose; and Section 9(2)(c) at least ten persons, or Section 9(2)(c)(i) at least ten persons, or Section 9(2)(c)(ii) in the case of a special interest community group, at least five persons. Section 9(3) The Director may require additional information from an applicant under this section or conduct an investigation as may be necessary before approving or rejecting the application. Section 9(4) The Director may prescribe fees in respect of applications under this section.

Section 10. Community group constitutions Section 10(1) An application under section 9 shall be accompanied by a community group constitution. Section 10(2) A rule or a purpose within a community group constitution that is inconsistent with the Constitution, this Act or any written law shall have of no effect to the extent of the inconsistency. Section 10(3) The information contained in the Model Community Group Constitution set out in the Second Schedule shall be sufficient for the purposes of this Act and a community group may adopt the Model Community Group Constitution for its own purposes. Section 10(4) A community group which amends its constitution shall submit the amended constitution to the Director within one month of the amendment.

Section 11. Special interest community groups Section 11(1) The Director may, upon application and payment of fees prescribed by the Director, declare a community group to be a special interest community group. Section 11(2) A special interest community group shall comprise of individuals who share a common interest that, due to the unique nature of that interest, condition or need, has failed to raise a large membership within the community.

Section 12. Rejection of application Section the applicants have not complied with the requirements of this Act;

Section 13. Period within which application to be determined Section 13(1) The Director shall, within fourteen days of receiving an application under section 9 , either register or refuse to register a community group. Section 13(2) Where the Director refuses to register a community group, the Director shall notify the applicants of the refusal in writing setting out the reasons for refusal. Section 13(3) A person aggrieved by the decision of the Director may appeal to the Cabinet Secretary in writing.

Section 14. Renewal of registration Section 14(1) A community group registered under this Act may, on the expiry of two years after its registration, apply to the Director in the prescribed form and after paying the prescribed fees for the renewal of its registration and, thereafter, apply for renewal of its registration at the expiry of a period of one year. Section 14(2) An application under subsection (1) shall be made at least two months before the date of the application for renewal of registration. Section 14(3) An application under subsection (1) shall be accompanied by a report of the community group’s activities for the two years immediately preceding the application, its financial report and any other report the Director may require. Section 14(4) The Director shall, within fourteen days of receiving an application under subsection (1), either renew the registration or refuse to renew the registration. Section 14(5) Where the Director refuses to renew the registration of a community group, the Director shall notify the applicants of the refusal in writing setting out the reasons for refusal. Section 14(6) Where the Director is satisfied that the applicants qualify for the...

Section 15. Cancellation of registration Section 15(1)(a) the community group fails to comply with this Act; Section 15(1)(b) the members of the community group fail to comply with the community group’s constitution; Section 15(1)(c) the community group fails to submit information required under this Act or requested by the Director in accordance with this Act; or Section 15(1)(d) the community group was fraudulently registered. Section 15(2)(a) give the office bearers of the community group at least fourteen days’ notice of the intention to cancel the group’s registration; and Section 15(2)(b) give the office bearers and members of the community group the opportunity to make representations to the Director as to why the group’s registration should not be cancelled.

Section 16. Voluntary dissolution Section 16(1) A community group may dissolve itself voluntarily if the members pass a resolution for voluntary dissolution in accordance with the community group’s constitution. Section 16(2) A community group that passes a resolution for voluntary dissolution shall notify the Director in writing of the voluntary dissolution. Section 16(3)(a) the community group’s certificate of registration; Section 16(3)(b) the community group’s intention to be voluntarily dissolved; Section 16(3)(b)(i) the community group’s intention to be voluntarily dissolved; Section 16(3)(b)(ii) the reasons for the resolution to voluntarily dissolve; and Section 16(3)(b)(iii) a date, at least two months after the date of the notice, on which the dissolution is intended to take effect. Section 16(4)(a) confirm whether or not the resolution has been made in accordance with the community group’s constitution; Section 16(4)(b) where the notice is in order, cancel the certificate of registration of the community group; Section 16(4)(c) amend the register to indicate that the community group has been voluntarily dissolved; and Section 16(4)(d) notify the community group in writing...

Section 17. Merger of community groups Section 17(1) A community group may, in accordance with its constitution, pass a resolution to merge with another community group. Section 17(2) A community group shall not merge with another community group unless at least three quarters of all the members of each of the community groups agree to the merger. Section 17(3)(a) the community group has settled or made arrangements to settle its debts and its creditors have acknowledged settlement of their dues or the arrangement to settle their dues; Section 17(3)(b) the claims of the members of the community group who have not agreed to the merger and have exercised their option to leave the group have been met in full or otherwise satisfied; Section 17(3)(c) information of the proposed merger and details about the settlement of claims of members and creditors has been submitted to the Director; and Section 17(3)(d) the community groups proposing to merge have surrendered their certificates of registration to the Director. Section 17(4) Where community groups merge, they shall cease to exist as independent community groups and their assets and liabilities shall be transferred to the merged group...

Section 18. Director to approve merger Section 18(1) The Director shall, save for just cause, approve the merger of community groups where the groups have complied with the provisions of section 17 . Section 18(2)(a) enter into the register the name and relevant details of the new community group; Section 18(2)(b) amend the register with respect to the merging community groups to indicate that they have merged; and Section 18(2)(c) cancel the certificates of registration of the community groups that have merged.

Section 19. Amalgamation of community groups Section 19(1) Two or more community groups may, in accordance with their constitutions, pass resolutions to amalgamate. Section 19(2) Each community group that resolves to amalgamate with another shall apply to the Director in the prescribed form. Section 19(3) An application under subsection (2) shall be accompanied by the certificates of registration of the community groups that intend to amalgamate. Section 19(4) Where the Director has approved the amalgamation of community groups, the Director shall issue to the resulting community-based organisation with a certificate of registration. Section 19(5)(a) enter into the register the relevant details of the resulting community-based organisation; Section 19(5)(b) amend the register with respect to the amalgamating community groups; and Section 19(5)(c) cancel the certificates of registration of the amalgamating community groups.

Section 20. Director may make changes in register Section 20(1) The Director may, upon reasonable notice given by a community group, make changes or corrections relating to any entry in the register with respect to the community group. Section 20(2)(a) a resolution passed by a majority of the members of the community group approving the proposed changes; and Section 20(2)(b) a list of members who were present at the meeting at which the resolution was passed.

Section 21. General objects of community groups Section invest and deal with funds of the community group not immediately required for its objects;

Section 22. Contact address Section 22(1) A community group shall establish and maintain an official physical address to which all members shall have access and all correspondence, notices and similar communication with the community group shall be delivered. Section 22(2) All communication and notices required under this Act shall be delivered to the physical address established under subsection (1). Section 22(3) A community group shall, within one month of the change of its physical address, notify the Director and the members of the group of the change and the details of the new address.

Section 23. Officer bearers Section A community group shall ensure its office bearers assume office in accordance with the provisions of this Act and its constitution.

Section 24. Restriction of appointment of certain office bearers Section 24(1)(a) as an office bearer of a community group; Section 24(1)(b) to any office the holder of which is responsible for the collection, disbursement, custody or control of the funds of a community group or for a community group’s accounts; or Section 24(1)(c) as an auditor of a community group. Section 24(2) A member of a community group shall not be elected or appointed as the auditor of the community group.

Section 25. Change of office bearers or title of office Section 25(1) A community group shall notify the Director in writing of any changes in an office or title of an office of the community group within one month of the change. Section 25(2)(a) by a resolution of the community group signed by three office bearers of the community group; Section 25(2)(b) by a signed attendance list of the members who were present at the meeting at which such change was adopted; Section 25(2)(c) by evidence that the meeting had quorum in accordance with the constitution of the community group; and Section 25(2)(d) by the minutes of the meeting at which the change was adopted. Section 25(3) The Cabinet Secretary shall make regulations prescribing the procedure and fees under this section.

Section 26. Dispute resolution Section 26(1) Each community group shall, in its constitution, prescribe mechanisms for the resolution of disputes between one member of the community group and another. Section 26(2) If a dispute occurs between one community group and another community group, parties shall refer the dispute to the sub-county social development committee which shall hear and determine the dispute expeditiously. Section 26(3) Where a sub-county social development committee fails to determine a dispute that has been referred to it under subsection (2), it shall refer the dispute to the relevant county social development committee which shall hear and determine the dispute expeditiously. Section 26(4) Where a county social development committee fails to determine a dispute referred to it under subsection (3), it shall refer the dispute to the Director who shall hear and determine the dispute expeditiously. Section 26(5)(a) investigate the facts and circumstances of the dispute; Section 26(5)(b) summon any member of the community groups for the purpose of enquiring into the facts and circumstances of the dispute; and Section 26(5)(c) call for such documents as may be nece...

Section 27. Purporting to act as office bearer Section 27(1)(a) has not been duly appointed or elected as an office bearer of a community group and acts or purports to act as an office bearer of that community group; or Section 27(1)(b) having been appointed or elected as an office bearer of a community group other than at the time of the formation of the community group, acts as an office bearer after the end of the period agreed by the members without giving a notification to the Director.

Section 28. Register of members Section 28(1) A community group registered under this Act shall keep a register of its members in such form as may be prescribed, and shall cause to be entered in the register the name and contact address of each member and the date of admission into membership. Section 28(2)(a) the community group shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings or suspension for such period as the offence continues or to both; and Section 28(2)(b) every office bearer shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year or to both. Section 28(3)(a) whenever required by the Director upon reasonable notice; and Section 28(3)(b) once every two years or within such longer or shorter period as may be specified by the Director in any particular case for reason given in writing. Section 28(4) A community group which fails to submit an updated list of members within the specified period will attract a penalty for late submission. Section 28(5) A community group shall enter in its register the date on which a person ceases to be a member of the communi...

Section 29. Inspection of register of members Section A member of a community group shall, subject to the constitution of the community group, have the right to inspect the register of members upon reasonable notice.

Section 30. Confidentiality of members' details Section 30(1)(a) is directly related to the management of the community group or the purpose for which the community group was established; and Section 30(1)(b) is not prohibited by the constitution of the community group. Section 30(2) A person who violates the provisions of subsection (1) commits an offence.

Section 31. Financial records Section 31(1)(a) correctly record and explain its transactions, its financial position and performance; and Section 31(1)(b) enable the preparation of true and fair financial statements. Section 31(2) A community group shall retain its financial records for a period of seven years after the transactions covered by the records are completed.

Section 32. Treasurer responsible for accounts Section 32(1) The constitution of a community group shall provide for the designation of a member of the community group as its treasurer or person responsible for its financial affairs including the maintenance of the community group’s financial records. Section 32(2)(a) at least once in every year at such time as may be specified in the group constitution; Section 32(2)(b) at any other time as may be required to do so by a resolution of the members of the community group; and Section 32(2)(c) upon resigning or otherwise vacating office; Section 32(3) After an account has been rendered under subsection (2), the treasurer shall, if the treasurer is resigning or vacating office or required to resign or vacate office, hand over to the succeeding treasurer, the monies as appear to be due from the treasurer, and all bonds, securities, effects, books, papers and property of the community group in the treasurer’s hands or otherwise under the treasurer’s control in accordance with the community group constitution and any other written laws.

Section 33. Reports Section 33(1)(a) activities; Section 33(1)(b) financial affairs; Section 33(1)(c) any other matter as may be required by the Director. Section 33(2) A report under this section shall be adopted at the community group at its annual general meeting before being submitted to the Director under subsection (1). Section 33(3) Where a community group is unable to comply with subsection (1), it shall notify the Director stating the reasons it is unable to comply. Section 33(4) Any person who willfully makes or orders or causes or procures to be made any false entry in or omission from a report made under this section commits an offence. Section 33(5) The Director may levy a late-filing fee on a community group that submits a report required under this section out of time without notifying the Director of the delay in accordance with subsection (3). Section 33(6) The Director may suspend the certificate of a community group that fails to submit a report required to be submitted under this section until the community group submits the report.

Section 34. Inspection of accounts and documents Section for inspection by any office bearer or member of the community group at such place and at such times as may be provided for in the constitution of the community group;

Section 35. Director may request information and financial records Section 35(1)(a) a copy of the group’s constitution; Section 35(1)(b) a complete list of the group’s office bearers and members; Section 35(1)(c) the minutes of any meeting held by the group at which office bearers were elected or appointed; Section 35(1)(d) the financial records of the group covering such period as the Director deems necessary for the purpose for which the request is made; and Section 35(1)(e) such other accounts, returns and other information as the Director may request. Section 35(2) A community group shall comply with the request given under subsection (1) within such period as may be specified in the request or within such longer period as the Director may, upon request, allow. Section 35(3) A community group which has had its registration cancelled for failing to comply with the provisions of this Act concerning registration or fails to comply with a request to furnish financial records under this section, shall not be registered again, and no community group which, in the opinion of the Director, is a successor of such community group shall be registered, unless the application for registrati...

Section 36. Audit of financial records Section The Director may direct that the financial records of a community group be audited at the community group’s cost if the audit is expedient and necessary for the resolution of a dispute between a member of the community group and another.

Section 37. Resource mobilisation Section 37(1) A community group may mobilize resources for the benefit of its members or the community in which it operates. Section 37(2) A person who diverts or misappropriates resources belonging to a community group for any other use other than for the purposes for which the community group was established commits an offence and, on conviction, shall be liable to a fine not exceeding three million shillings or imprisonment for a term not exceeding two years or to both. Section 37(3) The Cabinet Secretary may issue guidelines for resource mobilisation by community groups and a person who carries out resource mobilisation in contravention of such guidelines commits an offence.

Section 38. Obstruction of the Director Section Any person who obstructs the Director in carrying out any functions under this Act commits an offence.

Section 39. General penalty Section A person who commits an offence under this Act for which no penalty is prescribed shall be liable to a fine not exceeding ten thousand shillings or a community service order for a period not exceeding three months.

Section 40. Regulations Section 40(1) The Cabinet Secretary may make regulations for the better carrying out of the provisions of this Act. Section 40(2)(a) the forms to be used for the purposes of this Act; Section 40(2)(b) applications or notifications to the Director; Section 40(2)(b)(i) applications or notifications to the Director; Section 40(2)(b)(ii) certificates of registration issued by the Director; Section 40(2)(c) procedures, requirements and guidelines on registration, suspension, cancellation and reinstatement of registration of any community group including a special interest group; Section 40(2)(d) information to be included in the register of a community group; Section 40(2)(e) the records to be kept by a community group; Section 40(2)(f) charges, fees or other payments under this Act; Section 40(2)(g) guidelines for community mobilisation; Section 40(2)(h) the guidelines for resource mobilisation; Section 40(2)(i) dispute resolution procedures under this Act; Section 40(2)(j) guidelines for the establishment of social development committees; Section 40(2)(k) guidelines on community group management; and Section 40(2)(l) any other matter or thing required to be pre...

Section 41. Transitional provisions Section Every community group which was, immediately before the commencement of this Act, registered as a community group by the national government shall, at the commencement of this Act, be deemed to have been registered under this Act: Provided that a community group to which this section applies, shall within a period of one year after the commencement of this Act, put in place measures necessary to ensure compliance with the provisions of this Act.