Public Collections Cap 106 - as Plain Text by MWakili

LAWS OF KENYA The Public collecTions AcT Chapter 106 Revised Edition 2009 (1998) Published by the National Council for Law Reporting with the Authority of the Attorney General CAP.

106 Public Collections [Rev.

009 CHAPTER 106 THE PUBLIC COLLECTIONS ACT ARRANGEMENT OF SECTIONS Section 1Short title.

2Interpretation.

3Repealed by 10 of 1997.

4Notication of public collections.

5Unauthorized use of badges, etc.

6Collector to give name, etc., to police on demand.

7Disposal of property obtained by offences.

8Service of documents.

9Offences to be cognizable.

10Offences by corporations, societies, etc.

11Power to order parent or guardian to pay ne imposed on person under eighteen.

12Penalties.

13Regulations.

Rev.

009] Public Collections CAP.

106 CHAPTER 106 THE PUBLIC COLLECTIONS ACT 45 of 1960, 15 of 1961, Commencement: 13th December, 1960 L.N.

604/1963, 21 of 1966, An Act of Parliament to provide for the regulation of collections of money 29 of 1967, and property from the public 10 of 1997.

1.

This Act may be cited as the Public Collections Act.

Short title.

(1) In this Act, except where the context otherwise Interpretation.

requires L.N.

604/1963, 29 of 1967, collection means an appeal to the public or any section of 10 of 1997, Sch.

the public, made by means of visits from premises to premises or of soliciting in a public place or at a public meeting, or by any or all such means, to give, whether for consideration or not, money or other property, not being (a) money or property due or about to fall due from the donors under or by virtue of any written law, contract or other legal obligation; or (b) money or property collected by or under the authority of a recognized representative of a religion or religious community for (i) the upkeep of any recognized place of religious worship or house of prayer; or (ii) any purely religious or charitable purpose; and collector means, in relation to a collection, a person who makes such an appeal by any of the said means; premises includes any land, any building and any other place whatsoever; proceeds means, in relation to a collection, all money and all other property given, whether for consideration or not, in response to the appeal made; CAP.

106 Public Collections [Rev.

009 promoter means, in relation to a collection, a person who causes another person to act, whether for remuneration or otherwise, as a collector for the purposes of a collection; and promote and promotion have corresponding meanings; public meetings means any meeting or gathering in a public place or which the public or a section hereof are permitted (whether on payment or otherwise) to attend.

regulating ofcer means (a) the chief in charge of the location in which the collection is intended to be promoted; or (b) in the case of a collection to be intended promoted; (i) in two or more locations of the same division, the District Ofcer of the division; (ii) in two or more divisions of the same district, the District Commissioner of the district; (iii) in two or more districts of the same province, the Pro- vincial Commissioner of the province; or (iv) in two or more provinces or throughout the country, the Permanent Secretary of the Ministry responsible for provincial administration.

Cap.

108.

unlawful society means any society which is an unlawful society within the meaning of section 4 of the Societies Act.

(2) For the purposes of this Act, a collection shall be deemed to be made for a particular purpose where the appeal is made in association with a representation that the money or other property appealed for, or part thereof, will be applied for that purpose.

(3) For the purposes of this Act, an invitation to any person to join a society, association or other organization, the membership of which implies, or can reasonably be understood from the circumstances of the invitation or the manner in which it is made to imply, an obligation to pay money or property, shall be deemed to be an appeal to give money or property which is not due nor about to fall due.

.

(Repealed by 10 of 1997, Sch.).

Rev.

009] Public Collections CAP.

106.

(1) Subject to the provisions of this Act, no person shall Notication of public promote any collection except in accordance with the provisions of elections.

this section.

L.N.

604/1963, 21 of 1966, 1st Sch., (2) A person intending to promote a collection shall give notice 10 of 1997, Sch.

of such intent to the regulating ofcer at least three days before commencing such promotion.

(3) A notice under subsection (2) shall be in writing and shall specify (a) the full names and address of the promoter of the proposed collection; (b) the purpose of the collection; (c) the area, place or occasion in, at or on which the collection is intended to be made; and (d) such additional information as may be necessary.

(4) Where upon receipt of a notice under subsection (3), the regulating ofcer (a) establishes that the promoter has been convicted of an offence involving fraud or dishonesty; (b) has reasonable cause to believe that the collection is in aid of, or that the promoter or any of the collectors are members of an unlawful society, or that the purpose of the collection is unlawful or ctitious; or (c) establishes that the promoter is an undischarged bankrupt or has entered a scheme of arrangement with his creditors, the regulating ofcer shall, without delay, serve upon the promoter a notice of objection to the proposed collection specifying the reasons therefor.

(5) A notice under subsection (4) shall be in writing and shall be served upon the promoter at the address specied pursuant to the provisions of subsection (3).

(6) Where the regulating ofcer objects to a proposed collection under subsection (4), such collection shall not be promoted.

(7) A person who promotes collection contrary to the provisions of this section shall be guilty of an offence.

CAP6.

106 Public Collections [Rev.

009 Unauthorized use of.

(1) Any person who, in connexion with any appeal to the public badges, etc or any section of the public for gifts, subscriptions or contributions of money or other property (a) displays or uses a prescribed badge or a prescribed certi- cate of authority other than a badge or certicate which he is authorized, under or by virtue of any regulation made under this Act, so to display or use; or (b) displays or uses any badge, device, emblem, certicate or other document intended, calculated or likely to cause any person to believe that the person displaying or using the same is an authorized collector for the purpose of a licensed collection when such is not the case, shall be guilty of an offence.

(2) Any person who, in furnishing any information for the purposes of this Act or of any regulations made thereunder and relating to the subject-matter of this Act, knowingly or recklessly makes any statement which is false in any material particular shall be guilty of an offence and liable to imprisonment for a term not exceeding three years.

Collector to give 6.

Any police ofcer may require any person whom he believes name, etc., to police to be acting as a collector for the purposes of a collection to declare on demand to him immediately his name and address, and, if any person fails to comply with a requirement duly made to him under this section, he shall be guilty of an offence and liable to a ne not exceeding two hundred and fty shillings.

Disposal of property 7.

During or at the conclusion of any trial in respect of an offence obtained by offences under this Act or under any regulations made thereunder and relating to the subject-matter of this Act, the court may make an order for the return to its owner, if known, or for the forfeiture, of any money or other property produced before it or in its custody or in the custody of any police ofcer or of any other public ofcer, which the court is satised was obtained by or in consequence of the commission of an offence under this Act or under any such regulations as aforesaid, whether by the person charged or by any other person.

Service of 8.

Where any order, notice or other document is required by or documents.

under this Act or any regulations made thereunder to be served on any person, service thereof may be effected either personally on such person or by registered post; and, where the person to be served is a body corporate or a society or other body of persons, service of any such order, notice or document may be effected by serving it personally on any Rev.

009] Public Collections CAP.

106 7 secretary, director or other ofcer thereof or on any person concerned or acting in the management thereof, or by leaving it or sending it by registered post addressed to the body corporate, society or body of persons at its registered ofce, or, where there is no registered ofce, at any place where it carries on business.

9.

Offences under this Act shall be cognizable to the police.

Offences to be cognizable.

10.

Where any offence under this Act or under any regulations Offences by made thereunder is committed by any company or other body corporate, corporations, or by any society, association or body of persons, every person charged societies, etc.

with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association or body of persons shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.

11.

(1) Where any person under the age of eighteen years is Power to order convicted by any court of an offence under this Act or under any parent or guardian to pay ne imposed regulations made thereunder and is sentenced therefor to a ne, the court on person under may order that the ne shall be paid by the parent or guardian of such eighteen.

person as if it had been a ne imposed on such parent or guardian: Provided that no such order shall be made unless the parent or guardian has had an opportunity to show cause against the making thereof, or if the parent or guardian satises the court that he has not conduced to the commission of the offence by neglecting to control the offender.

(2) In this section, guardian includes any person who is shown to the satisfaction of the court to have for the time being the charge of or control over the offender.

1.

Any person who is guilty of an offence under this Act for which Penalties.

no penalty is otherwise provided shall be liable to a ne not exceeding 15 of 1961, Sch.

ve thousand shillings or to imprisonment for a term not exceeding six months, or to both such ne and such imprisonment.

1.

(1) The Minister may make regulations for prescribing Regulations.

anything which by this Act is required to be prescribed and generally L.N.

604/1963, to give effect to the provisions of this Act.

10 of 1997, Sch.

(2) Without prejudice to the generality of the powers conferred by subsection (1) of this section, regulations made thereunder may provide for all or any of the matters following, that is to say CAP8.

106 Public Collections [Rev.

009 (a) for regulating the manner in which collections may be carried out and the conduct of promoters and collectors in relation to such collections; (b) for requiring and regulating the use by collectors of prescribed badges and prescribed certicates of authority, and the issue, custody, production, display and return thereof, and, in particular, for requiring collectors on demand by a police ofcer or by any occupant of premises visited or by any person solicited to produce their certicates of authority; (c) for the authentication of prescribed certicates of authority and for the clear indication in prescribed badges of the purpose of the collection to which they relate; (d) for prohibiting persons below a prescribed age from acting, and other persons from causing or allowing them to act, as collectors for the purposes of collections; (e) for preventing annoyance to the occupants of premises visited, to persons attending public meetings or taking part in public prosecutions, or to any other members of the public, arising from collections; (f) for requiring information with respect to the purpose, expenses, proceeds and application of the proceeds of collections to be furnished by promoters and collectors, or to be published, and for requiring such information to be vouched and authenticated; (g) for imposing a penalty in respect of any breach of the regulations, not exceeding a ne of an amount not exceeding ve thousand shillings or imprisonment for a term not exceeding six months or both such ne and such imprisonment.

Public Collections CAP.

106 9 Rev.

009] [Subsidiary] SUBSIDIARY LEGISLATION Regulations under section 1 THE PUBLIC COLLECTIONS REGULATIONS L.N.

27/1961, L.N.

604/1963.

1.

These Regulations may be cited as the Public Collections Citation.

Regulations.

2.

(Deleted by L.N.

604/1963).

3.

Every application for a licence shall be made in writing, signed by the Manner of applicant, and shall specify application for licence.

(a) the name of the applicant and an address within Kenya for service on the applicant of any notice or other document required to be served on him; (b) the specic dates on which the collection is intended to be made; (c) the area in which or the place at which the collection is to be made; (d) the purpose of the collection and the name and address of the person or organization to whom the proceeds of the collection are intended to be paid; (e) the number of collectors to be employed, and a list of their names and addresses; (f) the remuneration, if any, to be given to (i) the promoter; (ii) the collectors; (iii) any other persons; (g) an estimate of the proceeds of the collection; (h) an estimate of the expense involved in the collection; (i) the name and address of the bank with which the proceeds are to be deposited; (j) details of any convictions of the promoter for any offence whether in Kenya or elsewhere; (k) any other information which the licensing authority may require.

CAP10.

106 Public Collections [Rev.

009 [Subsidiary] Promoter to 4.

(1) A promoter shall issue to every person authorized by him to act issue certicates as a collector a certicate of authority, which shall be substantially in the form of authority to contained in the Schedule to these Regulations, signed by the promoter and collectors.

countersigned by the licensing authority or such other public ofcer as the licensing authority may authorize in that behalf, and the promoter shall inform such person of the requirements of paragraph (2) of this regulation.

(2) Every person acting as a collector shall, at all times when so acting, carry with him a certicate of authority issued to him under paragraph (1) of this regulation and shall produce it for inspection on demand by any police ofcer, administration police ofcer, administrative ofcer or chief or by the occupant of any premises visited or by any person solicited in the course of the collection.

(3) Any person who contravenes any of the provisions of this regulation shall be guilty of an offence.

Badges to be won by 5.

(1) Every applicant for a licence shall, unless exempted from this collectors.

provision, submit with his application, for the approval of the licensing authority, two specimens of the badge to be worn by persons acting as collectors for the purpose of the collection.

(2) Each such badge shall be designed so as to show clearly and distinctly the purpose of the collection and the fact that the wearer is an authorized collector therefor.

(3) Where the collection is to be conned to persons of one race or tribe, the inscription on the badge shall be in the language or dialect of that race or tribe, and in all other cases shall be in the English language.

(4) A promoter shall issue to every person authorized by him to act as a collector a badge approved by the licensing authority for that purpose.

(5) Every person who acts as a collector shall, at all times when so acting, wear and prominently display on his person a badge approved in accordance with the provisions of this regulation, and shall within ve days next after the expiry of the period of validity of the licence under which the collection is made, deliver such badge to the promoter, who shall, within the said period of ve days, collect and destroy all badges used, or made for use by, collectors.

(6) Any person who contravenes any of the provisions of this regulation shall be guilty of an offence.

Records in respect of 6.

(1) Every promoter shall keep a proper record of all collectors to collections.

whom certicates of authority and badges have been issued, and shall produce it for inspection on demand at any time by a police ofcer or administrative ofcer.

(2) Every promoter shall, within such period after the expiration of his licence as shall be specied in the licence or as the licensing authority may allow, authenticate by his signature and deliver to the licensing authority full and Public Collections CAP.

106 11 Rev.

009] [Subsidiary] accurate particulars of the amount collected, the amounts applied to each purpose of the collection, the amount, if any, retained by the promoter, the amount, if any, paid to collectors, and the amount of any other expense incurred in connexion with the collection, and shall also so deliver such further information with regard to the collection as the licensing authority may require.

(3) If the licensing authority so requires in the case of any collection, the promoter shall cause the particulars supplied in pursuance of paragraph (2) of this regulation to be veried by the certicate of a person who is a member of one of the professional bodies specied in the Schedule to the Accountants Cap.

524 (Designations) Act, or of such other person as the licensing authority may approve in that behalf, such certicate being to the effect that the particulars have been audited with all supporting receipts and vouchers, showing the result of such audit.

(4) Every promoter who contravenes any of the provisions of this regulation shall be guilty of an offence.

7.

Any promoter who applies any part of the proceeds of a collection Penalty for in any manner, for any purpose or in any proportion, other than that stipulated misapplication in his licence, or who in any other way conducts or administers a collection of proceeds of otherwise than in accordance with the terms of the licence, shall be guilty of collection, etc.

an offence.

8.

(1) Every collector shall, at the time of making a collection, issue to Receipts to be issued each person from whom money or other property is collected by him a receipt by collectors.

in a form approved by the licensing authority.

(2) Any collector who contravenes the provisions of this regulation shall be guilty of an offence.

9.

Any person who makes a collection between the hours of 7 oclock No collections at in the evening of any day and 7 oclock in the morning of the next succeeding night.

day shall be guilty of an offence.

10.

Any person who makes a collection on private property without the No collections on consent of the owner or other person having the control or management of that private property property shall be guilty of an offence.

without owners consent.

11.

Any person who Unauthorised collections.

(a) collects or attempts to collect money or property by means of force, intimidation, menace or undue persuasion; or (b) acts in a manner which can reasonably be expected to cause annoyance, distress or inconvenience to the occupant of any premises visited, or to any person attending a public meeting or being in a public place; shall be guilty of an offence.

CAP1.

106 Public Collections [Rev.

009 [Subsidiary] Age of collectors.

12.

Any person who is below the age of sixteen years who acts as a collector in any collection, and any person who causes or permits any other person who is below that age so to act, shall be guilty of an offence.

Power to exempt.

13.

A licensing authority may, by writing under his hand, exempt any person or body of persons from compliance, within his area of jurisdiction, with all or any of the provisions of these Regulations, subject to such conditions, if any, as he may see t to impose.

Offences cognizable.

14.

Offences under these Regulations shall be cognizable to the police.

Penalty.

15.

Any person who is guilty of an offence under these Regulations shall be liable to a ne not exceeding ve thousand shillings or to imprisonment for a term not exceeding six months, or to both such ne and such imprisonment.

SCHEDULE (r.

4 (1)) CertifiCate of authority I hereby certify that.

of.

is (insert full name and address of collector) authorized to act as a collector for the purposes of a licensed collection to be made in/at.

(specify area or place of collection) on the.

day of .,19., from ., to ., in aid of.

(here specify all the purposes of the collection) Dated.

.

Signature of Promoter.

Dated.

.

Signature of (ofcer authorized by) licensing authority.