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How to Register a Self-Help Group in Kenya

Introduction

Registering a self-help group in Kenya is a structured process that involves several steps and adherence to specific legal requirements. Self-help groups, often referred to as "chamas," are popular in Kenya for their role in fostering community development, financial empowerment, and social support. This guide provides a comprehensive overview of the registration process, the necessary documentation, and the legal framework governing self-help groups in Kenya.

Overview of Self-Help Groups
Legal Framework
Steps to Register a Self-Help Group
- Organizing the Group
- Drafting the Constitution
- Conducting a Name Search
- Submitting the Application
Required Documentation
Benefits of Registration
Relevant Case Laws
Conclusion
Sources

1. Overview of Self-Help Groups

Self-help groups in Kenya are voluntary associations of individuals who come together to achieve common goals, such as economic empowerment, social support, and community development. These groups can be composed of youth, women, men, persons with disabilities (PWDs), or older persons. They operate based on mutual trust, shared responsibilities, and collective decision-making.

2. Legal Framework

The registration and operation of self-help groups in Kenya are primarily governed by the Ministry of Labour and Social Protection, specifically the State Department for Social Security and Protection. The relevant legal provisions include:

The Public Service (Values and Principles) Act, 2015
The Non-Governmental Organizations Co-ordination Act, 1990
The Companies Act, 2015 (for groups opting to register as limited companies)

3. Steps to Register a Self-Help Group

Organizing the Group

Form a Group: Assemble a group of at least 10 members who share a common vision and objectives.
Elect Officials: Choose key officials such as the chairperson, secretary, and treasurer to manage the group's affairs.

Drafting the Constitution

Define Objectives: Clearly outline the group's mission, goals, and objectives.
Set Rules and Regulations: Establish the rules governing membership, meetings, financial management, and dispute resolution.
Document Structure: Ensure the constitution is well-documented and agreed upon by all members.

Conducting a Name Search

Name Search: Conduct a name search through the Ministry of Labour and Social Protection to ensure the chosen name is unique and not already registered by another group.
Approval: Obtain approval for the group's name to proceed with the registration.

Submitting the Application

Complete the Registration Form: Fill out the self-help group registration form, which can be downloaded from the Ministry's website.
Compile Required Documents: Gather all necessary documents, including the group's constitution, list of members, minutes of the inaugural meeting, and copies of members' ID cards.
Submit the Application: Submit the completed registration form and supporting documents to the nearest Huduma Centre or the Ministry of Labour and Social Protection office.

4. Required Documentation

To register a self-help group, you will need the following documents:

Completed Registration Form: Available from the Ministry of Labour and Social Protection.
Group Constitution: Clearly outlining the group's objectives, rules, and regulations.
List of Members: Including names, ID numbers, and signatures.
Minutes of the Inaugural Meeting: Documenting the formation of the group and election of officials.
Copies of Members' ID Cards: For all members listed in the registration form.

5. Benefits of Registration

Registering a self-help group offers several advantages:

Legal Recognition: The group is recognized as a legal entity, capable of entering into contracts and owning property.
Access to Funding: Registered groups can apply for government grants, loans, and other financial assistance.
Credibility: Registration enhances the group's credibility and trustworthiness among members and external stakeholders.
Support Services: Access to training, capacity-building programs, and other support services from the government and non-governmental organizations.

6. Relevant Case Laws

While there are no specific case laws directly addressing the registration of self-help groups, several legal principles and precedents can be relevant:

Non-Governmental Organizations Co-ordination Act, 1990: This Act provides a framework for the registration and regulation of non-governmental organizations, which can include self-help groups.
The Companies Act, 2015: For groups opting to register as limited companies, this Act outlines the legal requirements and procedures for incorporation.

7. Conclusion

Registering a self-help group in Kenya is a vital step towards achieving legal recognition, accessing funding, and enhancing the group's credibility. By following the outlined steps and ensuring compliance with the legal requirements, self-help groups can effectively contribute to community development and economic empowerment.

8. Sources

By adhering to these guidelines and utilizing the provided resources, you can successfully register a self-help group in Kenya and unlock numerous opportunities for growth and development.