Understanding Legal Liability: Being a Member of an Unlawful Society under Section 6 of the Societies Act in Kenya

In the legal landscape defined by the Societies Act in Kenya, Section 6 delves into the implications for individuals who knowingly associate themselves with unlawful societies.

This section outlines the offences and potential penalties for those who are members or participants in the activities of such societies.

Let’s explore the details of Section 6 and the legal consequences associated with being a member of an unlawful society.

Section 6: Being a Member of an Unlawful Society

Section 6 of the Societies Act establishes that any person who, with knowledge or reasonable cause to believe, associates with an unlawful society commits an offence.

The section outlines two distinct scenarios:

Membership

Being a member or attending any meeting of the unlawful society.

Facilitating Meetings

Allowing a meeting of the unlawful society or its members to be held in any house, building, or place belonging to or occupied by the individual or over which they have control.

Legal Consequences

Individuals found guilty of being a member of an unlawful society under Section 6 may face the following legal consequences:

Imprisonment

Offenders can be liable to imprisonment for a term not exceeding one year.

Monetary Penalties

A fine not exceeding five thousand shillings may be imposed.

Combined Penalties

Offenders may be subject to both imprisonment and a monetary fine.

Interpretation of Section 6

Section 6 aims to discourage individuals from associating with societies that do not comply with the legal requirements set forth by the Societies Act. By outlining specific actions that constitute offences, the section serves as a deterrent against participation in unlawful activities, promoting adherence to lawful and transparent practices.

Legal Context

Section 6 operates within the broader context of the Societies Act, which seeks to regulate and monitor the activities of societies in Kenya. The Act is designed to ensure that societies operate within the bounds of the law, contributing positively to societal well-being.

Conclusion

In conclusion, Section 6 of the Societies Act emphasizes the legal consequences associated with being a member of an unlawful society. By detailing specific actions that constitute offences, the section aims to discourage individuals from participating in activities that undermine the principles of legality, transparency, and accountability.

Individuals should be aware of the potential legal repercussions outlined in Section 6 before associating themselves with societies that do not comply with the law.