Section 18 of the Societies Act in Kenya addresses the resolution of disputes among the members or officers of a registered society that could affect the identification of lawful officers.
This section outlines the Registrar’s authority to intervene and the subsequent procedures.
Let’s explore the key provisions of Section 18.
Registrar’s Intervention (Subsection 1)
When the Registrar perceives that a dispute has arisen within a registered society, leading to uncertainty about the proper constitution of officers, the Registrar can issue a written order.
The order requires the society to produce evidence, within one month of receiving the order, showcasing the resolution of the dispute and the proper appointment of lawful officers. This ensures clarity and legitimacy in the leadership structure.
Consequences of Non-Compliance (Subsection 2)
If the society fails to comply with the Registrar’s order within the stipulated timeframe or any extended period allowed by the Registrar, the Registrar is empowered to cancel the registration of the society.
Right to Appeal (Subsection 3)
A society dissatisfied with the cancellation of its registration has the right to appeal to the High Court.
The appeal must be lodged within thirty days from the date of cancellation, providing a legal avenue for societies to contest the decision.
Significance of Section 18
Registrar’s Role in Conflict Resolution
Section 18 assigns the Registrar a proactive role in resolving internal disputes within registered societies. By intervening when there is ambiguity regarding lawful officers, the Registrar helps maintain the stability and legitimacy of society leadership.
Timely Compliance
The one-month timeframe for producing evidence encourages timely resolution of disputes and the proper appointment of officers, contributing to the efficient functioning of registered societies.
Legal Consequences for Non-Compliance
Cancelling the registration serves as a consequential measure, reinforcing the importance of societies adhering to the Registrar’s directives.
Right to Appeal
The provision for appealing to the High Court ensures that societies have a legal recourse if they believe the cancellation decision was unjust or based on incorrect information.
Conclusion
Section 18 of the Societies Act in Kenya establishes a structured approach to address internal disputes within registered societies.
By empowering the Registrar to intervene and providing a clear process for compliance and appeal, this section contributes to the overall integrity and stability of registered societies in the face of internal conflicts.
