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community groups registration act no. 30 of 2022

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The Community Groups Registration Act, No. 30 of 2022, provides a regulatory framework for the registration and regulation of community groups in Kenya. It was enacted to address the challenges faced by community groups in Kenya, including lack of recognition, limited access to resources, and inadequate governance structures.

Introduction
Purpose of the Act
Key Provisions of the Act 3.1. Definitions 3.2. Eligibility for Registration 3.3. Application for Registration 3.4. Registration Process 3.5. Powers and Functions of the Registrar 3.6. Duties of Registered Community Groups 3.7. Dissolution of Registered Community Groups
Case Laws
Conclusion
Sample Community Group Registration Application Form

Introduction

The Community Groups Registration Act, No. 30 of 2022, is a landmark piece of legislation that seeks to formalize and regulate the operations of community groups in Kenya. It aims to provide a legal framework for the registration, governance, and accountability of community groups, thereby enhancing their capacity to contribute to national development.

Purpose of the Act

The Community Groups Registration Act, No. 30 of 2022, was enacted to achieve the following objectives:

To provide a regulatory framework for the registration and regulation of community groups. This includes setting out the requirements for registration, the process for registration, and the obligations of registered community groups.
To promote the formation and development of community groups. The Act encourages the formation of community groups by providing a clear and accessible registration process.
To enhance the accountability and transparency of community groups. The Act requires registered community groups to maintain proper records, hold regular meetings, and submit annual reports to the Registrar.
To facilitate the participation of community groups in development activities. The Act recognizes the important role that community groups play in development and provides a framework for their involvement in government programs and projects.

Key Provisions of the Act

3.1. Definitions

The Act defines key terms that are used throughout the legislation, including:

Community group: A group of persons who have a common purpose and who are organized for the benefit of their community.
Registrar: The Registrar of Community Groups, who is appointed by the Cabinet Secretary for the Ministry responsible for social protection.
Registration Board: A board established by the Act to advise the Registrar on matters relating to the registration and regulation of community groups.

3.2. Eligibility for Registration

To be eligible for registration under the Act, a community group must meet the following criteria:

The members must be adults.
The members must have a common purpose.
The community group must have at least 10 persons or at least 5 persons for the case of special interest groups.
The community group must have a constitution that complies with the requirements of the Act.
The community group must have a registered office in Kenya.

3.3. Application for Registration

A community group that wishes to be registered must submit an application to the Registrar. The application must include the following information:

The name of the community group.
The address of the registered office of the community group.
The names and addresses of the members of the community group.
The constitution of the community group.
A statement of the objectives of the community group.
A statement of the activities of the community group.
A statement of the financial resources of the community group.

3.4. Registration Process

Upon receipt of an application, the Registrar will:

Verify the information provided in the application.
Ensure that the community group meets the eligibility criteria.
Consider the advice of the Registration Board.
Decide whether to register the community group.

If the Registrar decides to register the community group, the Registrar will issue a certificate of registration to the community group.

3.5. Powers and Functions of the Registrar

The Registrar has the following powers and functions:

To receive and process applications for registration.
To issue certificates of registration.
To maintain a register of registered community groups.
To monitor the activities of registered community groups.
To conduct inspections of registered community groups.
To take disciplinary action against registered community groups that violate the provisions of the Act.

3.6. Duties of Registered Community Groups

Registered community groups have the following duties:

To comply with the provisions of the Act and its regulations.
To maintain proper records of their activities.
To hold regular meetings of their members.
To submit annual reports to the Registrar.
To ensure that their financial resources are used for the purposes for which they were registered.

3.7. Dissolution of Registered Community Groups

A registered community group may be dissolved in the following ways:

By a resolution of the members of the community group.
By an order of the Registrar.
By an order of a court.

Case Laws

There are no specific case laws related to the Community Groups Registration Act, No. 30 of 2022, as it is a relatively new piece of legislation. However, there are several case laws that are relevant to the principles of community group registration and regulation.

In the case of Kenya National Commission on Human Rights v. Attorney General, [2003] 1 KLR 1, 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, No. 30 of 2022, as it recognizes the importance of community groups in a democratic society.
In the case of Republic v. Registrar of Societies, [2010] eKLR, the High Court held that the Registrar of Societies has a duty to ensure that the registration of societies is done in accordance with the law. This case is relevant to the Community Groups Registration Act, No. 30 of 2022, as it emphasizes the importance of a fair and transparent registration process.

Conclusion

The Community Groups Registration Act, No. 30 of 2022, is a significant step towards strengthening the role of community groups in Kenya. By providing a legal framework for their registration, governance, and accountability, the Act empowers community groups to effectively contribute to national development. It is important for community groups to familiarize themselves with the provisions of the Act and to comply with its requirements.

Sample Community Group Registration Application Form

Community Groups Registration Application Form

Part I: General Information

Name of Community Group: [Your Full Name]
Date of Formation: [Date]
Registered Office Address: [Witness 1 Address]
Contact Person: [Your Full Name]
Contact Number: [Your Phone Number]
Email Address: [Your Email Address]

Part II: Membership

Number of Members: [Number]
Membership Criteria: [Membership Criteria]
Membership Fees: [Membership Fees]

Part III: Objectives

State the objectives of the community group: [Objectives]

Part IV: Activities

Describe the activities of the community group: [Activities]

Part V: Financial Resources

Describe the financial resources of the community group: [Financial Resources]

Part VI: Constitution

Attach a copy of the community group's constitution: [Constitution]

Part VII: Declaration

We, the undersigned, being the duly authorized representatives of the community group, hereby declare that the information provided in this application is true and accurate to the best of our knowledge.

Signatures:

[Your Full Name] [Date]

[Witness 1 Full Name] [Date]

[Witness 2 Full Name] [Date]

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