In the intricate web of legalities governing societies in Kenya, the concept of unlawful societies takes center stage.
Section 4 of the Societies Act elucidates the definition and implications of unlawful societies, shedding light on the conditions that render a society unlawful and the repercussions of non-compliance.
Defining Unlawful Societies
According to Section 4(1) of the Societies Act, every society that is not a registered society or an exempted society is deemed an unlawful society. However, this categorization comes with certain exceptions and conditions.
The provision stipulates that a society will not be considered unlawful if, within twenty-eight days of its formation, it has applied for registration or exemption from registration under Section 9 of the Act. This exception holds unless the society falls under one of the following scenarios:
Unlawful Purpose
The society is formed for an unlawful purpose.
Danger to Good Governance
The Cabinet Secretary has, by order, declared the society to be dangerous to the good government of the Republic.
Registrar’s Grounds for Refusal
The Registrar has notified the society, either before or after the application, of the intention to refuse registration or exemption on grounds specified in Section 11(1)(b) of the Act.
Registrar’s Role and Decision-making
Section 4(2) outlines the responsibility of the Registrar in considering every application for the registration of a society or exemption from registration.
The Registrar is mandated to communicate the decision on the application to the society within one hundred and twenty days of receiving the application.
Restrictions on Unregistered or Exempted Societies
Section 4(3) imposes restrictions on societies that are not registered or exempted but are saved from being declared unlawful under the aforementioned exceptions.
During the period of consideration, no person associated with such a society can collect or invite subscriptions or donations to the society’s funds or engage in any activities on behalf of the society without written permission from the Registrar. The only exception is the right to apply to or correspond with the Registrar.
Penalties for Contravention
Section 4(4) prescribes penalties for contravention of the provisions in Section 4(2). Any person found guilty of violating these regulations may face a fine not exceeding five thousand shillings or imprisonment for a term not exceeding six months, or both.
In conclusion, Section 4 of the Societies Act serves as a safeguard against the proliferation of unregulated societies by defining the conditions under which a society is considered unlawful. The provisions underscore the significance of timely registration and adherence to the legal framework, contributing to the overall objective of fostering transparency and accountability within associations operating in Kenya.
