Rescinding Exemption: Ensuring Compliance with Section 13 of the Societies Act in Kenya

Section 13 of the Societies Act in Kenya provides the Registrar with the authority, subject to the approval of the Cabinet Secretary, to rescind the exemption of a society from registration granted under Section 10 of the Act.

Let’s delve into the key provisions and implications outlined in Section 13.

Rescission of Exemption (Subsection 1):

The Registrar, with the approval of the Cabinet Secretary, has the discretion to rescind the exemption of a society from registration at any time.

Upon rescinding the exemption, the Registrar is obligated to promptly notify the affected society of this decision.

Provided Safeguard for the Society (Provided Clause)

The society, unless falling under the kinds specified in paragraphs (i), (ii), and (iii) of the proviso to Section 4(1) of the Act, has a window of opportunity.

Within twenty-eight days from the date of receiving the notification of rescission, the society has the right to apply for registration under the Societies Act.

During this period, even after the rescission, the society will not be considered an unlawful society, provided it initiates the application process for registration within the stipulated timeframe.

Implications and Significance:

Registrar’s Discretion:

Section 13 acknowledges the discretionary power vested in the Registrar, coupled with Cabinet Secretary approval, to rescind exemptions granted to societies.

Notification Requirement:

The Registrar is mandated to promptly notify the affected society of the rescission decision, ensuring transparency and providing the society with an opportunity to take appropriate action.

Safeguarding Against Unlawful Status:

The provided clause serves as a safeguard for societies facing rescission. By allowing a defined timeframe for applying for registration, the Act aims to prevent the immediate classification of the society as unlawful, facilitating a smoother transition to the registered status.

Conclusion

Section 13 of the Societies Act in Kenya outlines the procedures and implications related to the rescission of exemption granted to societies. The provision strikes a balance between regulatory control and providing societies with a fair opportunity to comply with the registration requirements.

This aligns with the broader legislative goal of ensuring the proper functioning, accountability, and adherence to legal standards within the realm of societies in Kenya.