Section 24 of the Societies Act in Kenya outlines specific actions that are prohibited, making it an offence for individuals to act or purport to act as officers of a registered society without the appropriate appointment or election.
Let’s examine the key provisions of Section 24:
Key Provisions of Section 24
Unauthorized Officer Actions (Subsection (a))
It is an offence for any person to act or purport to act as an officer of a registered society without being duly appointed or elected to that position.
Penalties for Offence
Individuals found guilty under Section 24 may face penalties, including a fine of up to five thousand shillings, imprisonment for a term not exceeding six months, or both fine and imprisonment.
Proviso Exception
The section includes a proviso stating that the prohibition does not prevent a person who has been duly appointed or elected as an officer from signing the notice required by Section 17(1).
This exception recognizes the need for authorized officers to fulfill their responsibilities, including providing notice to the Registrar.
Significance of Section 24
Ensuring Legitimate Authority
Section 24 safeguards the legitimacy of officers within registered societies by penalizing unauthorized individuals who attempt to act or pretend to hold officer positions.
Compliance with Notice Requirements
The section reinforces the importance of adhering to notice requirements specified in Section 17(1), which mandates notifying the Registrar of officer appointments or elections within a prescribed period.
Legal Consequences for Non-Compliance
The inclusion of penalties emphasizes the legal consequences individuals may face if found guilty of acting as officers without proper appointment or beyond the specified notice period.
Conclusion
Section 24 of the Societies Act serves as a protective measure, discouraging individuals from unauthorized actions as officers within registered societies. By delineating specific prohibited actions and prescribing penalties for non-compliance, the section reinforces the importance of adherence to legal processes and the necessity for transparency in officer appointments or elections.
