The Societies Act in Kenya is a pivotal piece of legislation designed to govern the registration and control of various types of associations. Enacted by the Parliament, this Act aims to provide a comprehensive framework for the functioning of societies and to ensure transparency and accountability in their operations.
This article delves into the definition of a society as outlined in the Societies Act and explores the various entities that fall under or are exempt from this definition.
Defining a Society
According to the Societies Act, the term “society” is inclusive and encompasses a broad range of entities. Specifically, a society includes any club, company, partnership, or other association comprising ten or more persons.
These entities may be established in Kenya or have their headquarters or chief place of business in Kenya. Additionally, branches of a society are also considered part of the larger society. However, there are certain exceptions to this definition, outlined in section 11(2)(f) of the Act.
Exclusions from the Definition
The Societies Act explicitly excludes certain entities from the definition of a society. These exclusions are detailed to ensure that the Act’s provisions are appropriately applied.
The following entities are not considered societies under the Act:
Companies
Companies or foreign companies registered under the Companies Act, 2015.
Corporations
Any corporation incorporated by or under any other written law.
Trade Unions
Registered trade unions under the Trade Unions Act (Cap. 233), including branches and probationary trade unions.
Business-oriented Entities
Companies, firms, associations, or partnerships consisting of not more than twenty persons, formed for the purpose of carrying on business for profit.
Co-operative Societies
Co-operative societies registered under any written law.
Educational Organizations
Schools registered under the Education Act (Cap. 211), Advisory Councils, Boards of Governors, District Education Boards, School Committees, or similar organizations established under education-related laws.
Financial Institutions
Building societies as defined by the Building Societies Act (Cap. 489) and banks licensed under the Banking Act (Cap. 488).
International Organizations
Any international organization of which Kenya is a member, along with its branches, sections, or organs.
Ministerial Discretion
Any combination or association that the Minister may, by order, declare not to be a society for the purposes of the Act.
Unlawful Societies:
The Societies Act also introduces the term “unlawful society,” defined in section 4(1). It is important to note that the Act explicitly clarifies that all members of a body, whether incorporated or unincorporated, that is a member of an association are considered members of that association.
In conclusion, the Societies Act in Kenya provides a comprehensive definition of a society, encompassing various types of associations while also excluding specific entities for clarity and precision.
This legislative framework aims to foster transparency, accountability, and lawful conduct within the diverse landscape of associations operating in Kenya.
