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community group registration act 2022
Table of Contents
Introduction
The Community Groups Registration Act, 2022
Purpose of the Act
Registration Requirements
Exemptions from Registration
Powers and Functions of the Director
Dissolution of Community Groups
Case Laws
Conclusion
Introduction
The Community Groups Registration Act, 2022, is a landmark piece of legislation in Kenya that provides a regulatory framework for the registration and regulation of community groups. This Act aims to enhance the operations of community groups by providing a clear legal framework for their establishment, governance, and accountability.
The Community Groups Registration Act, 2022
The Community Groups Registration Act, 2022, was enacted by the Kenyan Parliament and assented to by the President on July 6, 2022. It came into force on July 26, 2022. The Act repealed the Societies Act, Cap 108, which previously governed the registration of community groups.
Purpose of the Act
The Community Groups Registration Act, 2022, has several objectives, including:
To provide a regulatory framework for the registration and regulation of community groups. This includes setting out the requirements for registration, the governance structure of community groups, and the obligations of registered community groups.
To promote the development and growth of community groups. The Act aims to create an enabling environment for community groups to thrive and contribute to the social and economic development of Kenya.
To enhance the accountability and transparency of community groups. The Act requires community groups to maintain proper records, conduct regular audits, and disclose their financial information.
To protect the public interest. The Act ensures that community groups operate in a responsible manner and do not engage in activities that are harmful to the public.
Registration Requirements
To be registered under the Community Groups Registration Act, 2022, a community group must meet the following requirements:
The members must be adults. This means that all members of the community group must be at least 18 years old.
The members must have a common purpose. The community group must have a clear and defined purpose that unites its members.
The community group must have at least 10 persons. This requirement applies to general community groups. Special interest groups, such as those focused on specific issues or causes, must have at least 5 persons.
The community group must submit an application in the prescribed form. The application form must include information about the community group's name, address, purpose, membership, and governance structure.
The community group must pay the prescribed fee. The fee for registration is set out in the Act.
Exemptions from Registration
The Community Groups Registration Act, 2022, exempts certain groups from the requirement to register. These exemptions include:
Groups that are registered under other laws. For example, religious organizations are registered under the Societies Act, Cap 108, and are not required to register under the Community Groups Registration Act.
Groups that are formed for purely social or recreational purposes. These groups are not required to register if their activities are limited to social or recreational purposes.
Groups that are formed for the purpose of carrying out a specific project or activity. These groups are not required to register if their activities are limited to the specific project or activity.
Powers and Functions of the Director
The Director of Community Groups is responsible for administering the Community Groups Registration Act, 2022. The Director has the following powers and functions:
To receive and process applications for registration.
To approve or reject applications for registration.
To monitor the activities of registered community groups.
To investigate complaints against registered community groups.
To take disciplinary action against registered community groups that violate the Act.
To dissolve registered community groups that are no longer operating in accordance with the Act.
Dissolution of Community Groups
A registered community group can be dissolved in the following ways:
By a resolution of the members. The members of a community group can vote to dissolve the group.
By the Director. The Director can dissolve a community group if it is no longer operating in accordance with the Act.
By a court order. A court can dissolve a community group if it is found to be operating illegally or if it is in the public interest to do so.
Case Laws
There are no specific case laws related to the Community Groups Registration Act, 2022, as it is a relatively new law. However, there are several case laws that are relevant to the principles underlying the Act.
In the case of Kenya National Commission on Human Rights v. Attorney General, [2014] eKLR, the High Court held that the right to freedom of association is a fundamental right that is protected by the Constitution. This case is relevant to the Community Groups Registration Act, 2022, as it emphasizes the importance of protecting the right of individuals to form and join community groups.
In the case of Republic v. Director of Public Prosecutions, [2017] eKLR, the Court of Appeal held that the government has a duty to ensure that the right to freedom of association is not unduly restricted. This case is relevant to the Community Groups Registration Act, 2022, as it highlights the need for the government to strike a balance between regulating community groups and protecting their right to operate freely.
Conclusion
The Community Groups Registration Act, 2022, is a significant piece of legislation that provides a comprehensive framework for the registration and regulation of community groups in Kenya. The Act aims to promote the development and growth of community groups while ensuring their accountability and transparency. It is expected that the Act will contribute to the social and economic development of Kenya by providing a legal framework for community groups to operate effectively and contribute to the well-being of their communities.
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