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How do I register a self help group?

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Introduction

Registering a self-help group in Kenya involves several steps and adherence to specific legal requirements. The process is governed by various laws and regulations, including the Societies Act (Cap 108), the Public Benefits Organizations Act, 2013, and guidelines from the Ministry of Labour and Social Protection. This guide will provide a detailed step-by-step process for registering a self-help group in Kenya.

Legal Framework
- Societies Act (Cap 108)
- Public Benefits Organizations Act, 2013
- Ministry of Labour and Social Protection Guidelines
Pre-Registration Requirements
- Minimum Membership
- Objectives and Activities
- Drafting a Constitution
Registration Process
- Name Search and Reservation
- Application Submission
- Payment of Fees
- Issuance of Certificate
Post-Registration Requirements
- Compliance with Reporting Obligations
- Maintenance of Records
- Adherence to Objectives
Conclusion

1. Legal Framework

Societies Act (Cap 108)

The Societies Act (Cap 108) provides the legal framework for the registration and regulation of societies in Kenya. According to Section 2 of the Act, a society includes any club, company, partnership, or other association of ten or more persons, whatever its nature or object.

Public Benefits Organizations Act, 2013

The Public Benefits Organizations Act, 2013, provides a framework for the establishment and operation of public benefit organizations (PBOs) in Kenya. While self-help groups may not necessarily fall under the category of PBOs, the Act provides useful guidelines on governance and accountability.

Ministry of Labour and Social Protection Guidelines

The Ministry of Labour and Social Protection provides specific guidelines for the registration of self-help groups. These guidelines outline the requirements and procedures for registration.

2. Pre-Registration Requirements

Minimum Membership

A self-help group must have a minimum of ten members.
Members should be individuals who share common objectives and are willing to work together to achieve these objectives.

Objectives and Activities

The group must have clear objectives and activities that it intends to undertake.
These objectives should be aimed at improving the social and economic welfare of the members and the community.

Drafting a Constitution

The group must draft a constitution that outlines its objectives, membership criteria, governance structure, and rules of operation.
The constitution should be signed by all founding members.

3. Registration Process

Name Search and Reservation

Conduct a name search at the Department of Social Development to ensure that the proposed name of the group is not already in use.
Reserve the name by filling out the necessary forms and paying the required fee.

Application Submission

Complete the application form provided by the Department of Social Development.
Attach the following documents:
- A copy of the group's constitution
- Minutes of the meeting where the decision to form the group was made
- A list of members and their signatures
- Copies of national identification cards of the members
- A letter from the local chief or assistant chief confirming the existence of the group

Payment of Fees

Pay the registration fee as prescribed by the Department of Social Development.
Obtain a receipt as proof of payment.

Issuance of Certificate

Upon successful submission and verification of the application, the Department of Social Development will issue a certificate of registration.
The certificate serves as legal recognition of the group and allows it to operate within the legal framework.

4. Post-Registration Requirements

Compliance with Reporting Obligations

The group must submit annual returns to the Department of Social Development.
The returns should include details of the group's activities, financial statements, and any changes in membership or governance.

Maintenance of Records

The group must maintain accurate records of its activities, financial transactions, and meetings.
These records should be available for inspection by the relevant authorities.

Adherence to Objectives

The group must adhere to its stated objectives and activities as outlined in its constitution.
Any changes to the objectives or constitution must be approved by the members and communicated to the Department of Social Development.

Conclusion

Registering a self-help group in Kenya involves several steps, including meeting pre-registration requirements, submitting an application, and complying with post-registration obligations. By following the guidelines provided by the Societies Act (Cap 108), the Public Benefits Organizations Act, 2013, and the Ministry of Labour and Social Protection, groups can ensure that they operate within the legal framework and achieve their objectives.