The Community Groups Registration Act No 30of 2022 - as Plain Text by MWakili

NATIONAL COUNCIL FOR LAW REPORTING SPECIAL ISSUE LIBRARY Kenya Gazette Supplement No.

120 (Acts No.

30) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2022 NAIROBI, 12th July, 2022 CONTENT Act PAGE The Community Groups Registration Act, 2022 609 r .7- NATaAL COUNCIL Fon LAW REPORTIN 0477 31 AliG 2022 RO.

box 1u443 - 00100, NAIROBI, KENYA TEL: 2719231 FAX: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 609 THE COMMUNITY GROUPS REGISTRATION ACT, 2022 No.

30 of 2022 Date of Assent: 6th July, 2022 Date of Commencement: 26th July, 2022 ARRANGEMENT OF SECTIONS Section PART I - PRELEVnNARY 1 Short title.

2Interpretation.

PART n - ADMINISTRATION 3Director of Social Development.

4County co-ordinator of social development.

5Social development committees.

6^Functions social development committees.

7Business and affairs of social development committees.

8Remuneration of members of social development committees.

PART m - REGISTRATION OF COMMUNITY GROUPS 9Registration of community groups.

10Community group constitutions.

11Special interest community groups.

12Rejection of application.

13Period within which application to be determined.

14Renewal of registration.

15Cancellation of registration.

16^Voluntary dissolution.

17^Merger of community groups.

18^Director to approve merger.

19Amalgamation of community groups.

20Director may make changes in register.

610 2022 Community Groups Registration No.

30 PART rV- REGUL ATION OF COM M UNITY GROUPS 21General objects of community groups.

22 Contact address.

23 Officer bearers.

24Restriction of appointment of certain office bearers.

25Change of office bearers or title of office.

26Dispute resolution.

27^Purporting to act as office bearer.

28Register of members.

29Inspection of register of members.

30Confidentiality of members details.

PART V - FINANCIAL PROVISIONS 31^Financial records.

32Treasurer responsible accounts.

33^Reports.

34^Inspection of accounts and documents.

35Director may request information and financial records.

36^Audit of financial records.

37Resource mobilization.

PART VI - GENERAL PROVISIONS 38Obstruction of the Director 39General penalty.

40^Regulations.

41^Transitional provisions.

FIRST SCHEDULETHE CONDUCT OF BUSINESS AND AFFAIRS SO CI AL DEVELOPMENT COMMITTEES SECOND SCHEDULE- MATTERS TO BE PROVIDED FOR IN THE CONSTITUTION ON OF A COMMUNITY GROUP 6 11 2022 Community Groups Registration No.

30 THE COM M UNITY GROUPS REGISTRATION ACT, 2022 AN ACT of Parliament to provide a regulatory framework for the registration and regulation of community groups and for connected purposes ENACTED by the Parliament of Kenya, as follows- PART- I PRELIM INARY Short title.

1.

This Act may be cited as the Community Groups Registration Act, 2022.

Interpretation.

2.

In this Act, unless the context requires amalgamation means the arrangement where two or more community groups unite to form a community-based organisation but the constituent community groups retaining their respective individual identities; Cabinet Secretary means the Cabinet Secretary responsible for matters relating to social development; Civil Society Organizations means organizations that provide technical and advocacy support to the communities but do not provide funding; community means persons resident in the same because geographic locality or who are considered as a unit of their shared common interests; community development means a process where a community takes collective action and generates solutions to common problems; community group means a voluntary association of individuals from the same community which is self- organised for a common purpose aimed at improving the livelihood of the group members or for a community benefit and includes a special interest group, community not project and community-based organisation but shall include a Public Benefit Organization, Non-Governmental Organization or groups formed to champion a political cause or contrary to public policy; Community Group Constitution means basic rules or by-laws set by a community group to govern the groups operations of their group or any projects that the may undertake; 6 12 No.

30 2022 Community Groups Registration Director means the Director for Social Development appointed under section 3; merger means the arrangement where two or more community groups dissolve in order to unite into a single l ose community group and the dissolved community groups their individual identities; Non-Governmental Organisation has the meaning assigned to it under the Non-Governmental Organizations No.l9 of 1990.

Act; office bearer means a person elected or appointed by a community group in accordance with that community groups constitution to be responsible for the management of the community group for the specified period and includes persons designated as the chairperson, secretary, its treasurer, or any other position as established by constitution; Public Benefits Organization has the meaning Act; assigned to it under the Public Benefits Organizations No.l8 of 2013.

social development means the growth of the and capabilities and choices of individuals, groups, people their institutions; social development officer means a person appointed by the Ministry as a social development officer; and m ean sa special interest community group community group declared by the Director to be a special interest community group under section 11.

PART n - ADMINISTRATION of s ocial 3.

(1) There shall be a Director of Social Director Development.

Development which shall be an office in the Public Service.

(2) The Director shall be responsible for (a) mobilising communities to f orm groups to undertake community projects; (b)the registration of community groups; (c)the supervision, monitoring and evaluation of community projects by community groups and, on the request of an interested party, the investigation of community group activities; 6 13 2022 Community Groups Registration No.

30 (d) the establishment and maintenance of a community development management information system; (e) the establishment of capacity-building and training programmes for community groups; (f) enhancing partnerships, collaboration and linkages with other persons, groups or organisations for the benefit of the community; (g) overseeing the operations of social development committees; (h) approving, monitoring and evaluating the budget proposals provided by social development committees; and (i) performing such other f unctions as may be assigned by the Cabinet Secretary.

County co 4.

(1) The Director shall appoint a county co ordinator of social ordinator of social development for each county.

development.

(2) The county co-ordinator of social development shall be responsible for the performance of the Directors functions in the county.

(3) Despite the generality of subsection (2), the county co-ordinator of social development shall be responsible f or (a) the establishment and supervision of social.

development conunittees in the county; (b) the nomination of representatives of civil society organisations and social development partners to social development committees; and (c) the performance of any other functions as may be assigned by the Director.

Social 5.

(1) There is established, in every sub-county, a development committee to be known as the social development committees.

committee which shall comprise (a) the sub-county soci^ development officer from the national government; (b) two representatives from the county government, one of whom shall be the officer responsible for social development in the county government; 6 14 No.

30 2022 Community Groups Registration (c) a representative of the Deputy County Commissioner responsible for the sub-county; (d) four representatives of development partners and civil society organizations operating in the county who shall be nominated by the county coordinator of social development; (e) five representatives of registered community groups operating in the sub-county who shall be nominated by the community groups; and of (f) where necessary or practicable, representatives national government ministries, departments or agencies operating in the sub-county.

(2) The persons appointed under sub-section (1) shall be appointed by the county co-ordinator of social development who shall, in making the appointments, of ensure ethnic and regional balance and the inclusion persons with disabilities.

(3) The sub-county department responsible for social development shall provide the secretariat for the social development committee.

Functions of 6.

A social development committee shall social development committees.

(a) act as a link between the national government and community groups, communities and other development partners; (b) support community mobilisation, and the formation and registration of conununity groups; (c) support capacity building for its members and members of community groups; (d) support mobilisation of, and awareness-creation on, social development programmes and emerging issues in the community; of (e) participate in setting priorities on the types social development programmes and projects to be implemented by community groups; (f) provide information on current and emerging social and community development needs; (g) make recommendations for community groups for material, capacity-building and fi nancial support; 6 15 2022 Community Groups Registration No.

30 (h) support the Director in the monitoring, evaluation and research on community development programmes at the sub-county level; (i) support dispute resolution and management of conununity groups; (j) support social impact assessment and social risk assessment processes at sub-county level; and (k) perform such other functions as may be assigned by the Director.

Business and 7.

(1) The business and affairs of social development af fairs of social conunittees shall be conducted in accordance with the First development committees.

Schedule.

(2) Except as provided in the First Schedule, social development committees may regulate their own procedure.

Remuneration of 8.

The Cabinet Secretary shall, on the advice of the members of social Salaries and Remuneration Commission, determine the development committees.

allowances payable to the members of social development committees for out-of-pocket expenses incurred in the performance of their functions.

PART m - REGISTRATION OF COM M UNITY GROUPS 9.

(1) A group of persons may, if they so wish, apply as a ^ in the prescribed form to the Director for registration community group.

(2) A group shall qualify for registration under this A ct if- (a) the members are adults; (b) the members have a common purpose; and (c) the group comprises of (i) at least ten persons, or (ii) in the case of a special interest community group, at least five persons.

(3) The Director may require additional information from an appUcant under this section or conduct an or investigation as may be necessary before approving rej ecting the application.

616 No.

30 2022 Community Groups Registration (4) The Director may prescribe fees in respect of applications under this section.

group 10.

(1) An application under section 9 shall be community accompanied by a community group constitution.

constitutions.

(2) A rule or a purpose within a community group this constitution that is inconsistent with the Constitution, ex ten t Act or any written law shall have of no effect to the of the inconsistency.

(3) The i nf ormation contained in the Model Community Group Constitution set out in the Second Act and Schedule shall be sufficient for the purposes of this a community group may adopt the Model Community Group Constitution for its own purposes.

(4) A community group which amends its constitution shall submit the amended constitution to the Director within one month of the amendment.

i nterest 11.

(1) The Director may, upon application and special a payment of fees prescribed by the Director, declare community group to be a special interest community group.

(2) A special interest community group shall comprise to th e of individuals who share a common interest that, due has failed unique nature of that interest, condition or need, to raise a large membership within the community.

of 12.

The Director may reject an application under Rejection section 9 if - application, (a) the applicants have not complied with the requirements of this Act; (b) the Director has reasonable cause to believe that the applicants have among their objects, the pursuit of an unlawful or i mmoral cause or purpose that is prejudicial to the peace, welfare or good order of the community or is likely to carry out unlawful or immoral actions; (c) the constitution of the community group is inconsistent with the Constitution or any other written law; (d) the applicants have submitted false or misleading information; or (e) the proposed name of the community group is identical to or resembles the name of a registered 617 2022 Community Groups Registration No.

30 community group, Public Benefit Organization or Non-Governmental Organization as to be likely to mislead the public as to its nature or identity.

Period w ithin 13.

(1) The Director shall, within fourteen days of which application or to be determined.

receiving an application under section 9, either register refuse to register a community group.

(2) Where the Director refuses to register a community the refusd group, the Director shall notify the applicants of in writing setting out the reasons for refusal.

(3) A person aggrieved by the decision of the Director may appeal to the Cabinet Secretary in writing.

14.

(1) A community group registered under this Act apply may, on the expiry of two years after its registration, the to the Director in the prescribed form and after paying and, prescribed fees for the renewal of its registration thereafter, apply for renewal of its registration at the expiry of a period of one year.

(2) An apphcation under subsection (1) shall be made f or at least two months before the date of the application renewal of registration.

(3) An application under subsection (1) shall be accompanied by a report of the community groups the activities for the two years immediately preceding the application, its financial report and any other report Director may require.

(4) The Director shall, within fourteen days of renew receiving an application under subsecti on (1), either the registration or refuse to renew the registration.

(5) Where the Director refuses to renew the registration of a community group, the Director shall notify the the applicants of the reft isal in writing setting out reasons for ref usal.

(6) Where the Director is satisfied that the applicants shall qualify for the renewal of registration, the Director approve the application and renew the community groups certi ficate of registration.

Cancellation of a 15.

(1) The Director may cancel the registration of registration.

community group if (a) the community group fails to comply with this Act; 618 No.

30 2022 Community Groups Registration (b) the members of the community group fail to comply with the community groups constitution; (c) the community group f ails to submit any information required under this Act or requested by the Director in accordance with this Act; or (d) the community group was fraudulently registered.

a (2) Before the Director cancels the registration of community group, the Director shall at (a) give the office bearers of the community group least fourteen days notice of the intention to cancel the groups registration; and (b) give the office bearers and members of the community group the opportunity to make representations to the Director as to why the groups registration should not be cancelled.

16.

(1) A community group may dissolve itself voiumajy voluntarily if the members pass a resolution for voluntary dissolution in accordance with the community groups constitution.

(2) A community group that passes a resolution for voluntary dissolution shall notify the Director in writing of the voluntary dissolution.

(3) A notification under subsection (2) shall be signed by at least two-thirds of the members and be accompanied (a) the community groups certificate of registration; (b) a copy of the minutes and the resolution of the meeting recommending the dissolution of the community group stating (i) the community groups intention to be voluntarily dissolved; (ii) the reasons for the resolution to voluntarily dissolve; and (iii) a date, at least two months after the date of the notice, on which the dissolution is i ntended to take effect.

(4) On receiving the notice under subsection (2), the Director shall 6 19 2022 Community Groups Registration No.

30 (a) confirm whether or not the resolution has been made in accordance with the community groups constitution; (b) where the notice is in order, cancel the certificate of registration of the community group; (c) amend the register to indicate that the conununity group has been voluntarily dissolved; and (d) notify the community group in writing of its dissolution and the ef f ective date of the dissolution.

(6) The Director shall, before acting in accordance with subsection (4), ensure that the assets of the community group have been properly distributed and any outstanding claims have been settled in accordance with the community groups constitution, and the Director may impose such the conditions as may be necessary for the protection of welfare of the members of the group or the community.

(7) A community group shall be deemed to have torenew dissolved voluntarily if the community group fails its registration for a period of four years.

17.

(1) A community group may, in accordance with r its constitution, pass a resolution to merge with another groups, community group.

(2) A conununity group shall not merge with another the community group unless at least three quarters of all members of each of the conununity groups agree to the merger.

(3) A merger of conununity groups shall not take eff ect unless (a) the community group has settled or made arrangements to settle its debts and its creditors have acknowledged settlement of their dues or the arrangement to settle their dues; (b) the claims of the members of the community group who have not agreed to the merger and have exercised their option to leave the group have been met in full or otherwise satisf ied; (c) information of the proposed merger and details about the settlement of claims of members and creditors has been submitted to the Director; and 620 No.

30 2022 Community Groups Registration (d) the community groups proposing to merge have surrendered their certificates of registration to the Director.

(4) Where community groups merge, they shall cease assets to exist as independent community groups and their and liabilities shall be transferred to the merged group.

(5) A resolution passed by a community group under subsection (1) shall be suffi cient to vest the assets held or liabilities incurred by or on behalf of the community group on the members of the merged community group.

(6) A merged community group may change its name nameor or constitution by issuing a notice of the change of constitution to the D irector.

(7) A notice of change of a community group constitution under subsection (6) shall be accompanied by the new community group constitution.

Director to 18.

(1) The Director shall, save for just cause, approve approve merger.

the merger of community groups where the groups have complied with the provisions of section 17.

(2) The Director shall on approval of a merger of community groups (a) enter into the register the name and relevant details of the new community group; (b) amend the register with respect to the merging conununity groups to indicate that they have merged; and (c) cancel the certificates of registration of the conununity groups that have merged.

Amalgamation of 19.

(1) Two or more community groups may, in community to accordance with their constitutions, pass resolutions groups.

amalgamate.

to (2) Each community group that resolves in the amalgamate with another shall apply to the Director prescribed form.

(3) An application under subsection (2) shall be the accompanied by the certificates of registration of community groups that intend to amalgamate.

621 2022 Community Groups Registration No.

30 (4) Where the Director has approved the amalgamation of community groups, the Director shall with a issue to the resulting community-based organisation certificate of registration.

(5) The Director shall the (a) enter into the register the relevant details of resulting community-based organisation; (b) amend the register with respect to the amalgamating community groups; and (c) cancel the certificates of registration of the amalgamating community groups.

Director may 20.

(1) The Director may, upon reasonable notice make changes in given by a community group, make changes or corrections register.

to the relating to any entry in the register with respect community group.

(2) A notice issued under this section shall be accompanied by (a) a resolution passed by a majority of the members of the community group approving the proposed changes; and (b) a list of members who were present at the meeting at which the resolution was passed.

PART IV - REGULATION OF COM M UNITY GROUPS obj ects of 21.

A community group may, in accordance with its General constitution groups, (a) invest and deal with funds of the community group not immediately required for its objects; (b) raise or borrow money on any terms and in any manner as resolved by a majority of its members; (c) j ointly secure the repayment of funds raised or borrowed by the community group or the payment of a debt or hability of the community group by giving mortgages, charges or securities on or over all or any of the property of the community group; and 622 2022 No.

30 Community Groups Registration the (d) do anything that is incidental or conducive to attainment of the purposes of the powers of the community group.

Contact address.

22.

(1) A community group shall establish and maintain an official physicd address to which all members shall have access and all correspondence, notices and be similar communication with the community group shall delivered.

(2) All communication and notices required under this Act shall be delivered to the physical address established under subsection (1).

(3) A community group shall, within one month of the and the change of its physicd address, notify the Director of the members of the group of the change and the details new address.

Offi cer bearers.

23.

A community group shall ensure its office bearers this A ct assume office in accordance with the provisions of and its constitution.

Restriction of 24.

(1) A person who has been convicted of a crime appointment of of involving fraud or dishonesty shall not, within a period certain of fi ce bearers.

to be five years from the date of conviction, be eligible appointed or elected (a) as an office bearer of a community group; f or (b) to any office the holder of which is responsible the collection, disbursement, custody or control of the funds of a community group or for a conununity groups accounts; or (c) as an auditor of a community group.

(2) A member of a community group shall not be elected or appointed as the auditor of the community group.

Change of offi ce in 25.

(1) A community group shall notify the Director bearers or title of office of writing of any changes in an office or title of an office.

the community group within one month of the change.

(2) A notice under subsection ( 1) shall be accompanied (a) by a resolution of the community group signed by three office bearers of the community group; (b) by a signed attendance list of the members who were present at the meeting at which such change was adopted; 623 2022 Community Groups Registration No.

30 (c) by evidence that the meeting had quorum in accordance with the constitution of the community group; and (d) by the minutes of the meeting at which the change was adopted.

(3) The Cabinet Secretary shall make regulations prescribing the procedure and fees under this section.

Dispute 26.

(1) Each community group shall, in resolution.

of constitution, prescribe mechanisms for the resolution and disputes between one member of the community group another.

(2) If a dispute occurs between one community group and another community group, parties shall refer the dispute to the sub-county social development committee which shall hear and determine the dispute expeditiously.

(3) Where a sub-county social development committee toit fails to determine a dispute that has been referred the under subsection (2), it shall refer the dispute to shall relevant county social development committee which hear and determine the dispute expeditiously.

(4) Where a county social development committee fails to determine a dispute referred to it under subsection shall hear (3), it shall refer the dispute to the Director who and determine the dispute expeditiously.

the (5) On receipt of a reference under subsection (2), Director may (a) investigate the facts and circumstances of the dispute; (b) summon any member of the community groups for the piupose of enquiring into the facts and circumstances of the dispute; and (c) call for such documents as may be necessary to ascertain the f acts and circum stances of the dispute.

(6) The Director shall, within fourteen days of the the referral of a dispute under subsection (4), determine in dispute and notify the parties of the determination writing.

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30 (7) Any person who refuses to honour any summons by the Director under subsection (5) (b) commits an of not off ence and, on conviction, shall be liable to a fine f or a more than ten thousand shillings or to imprisonment term not exceeding six months or both.

(8) A person aggrieved by a decision of the Director under this section may appeal to the High Court.

Purporting to act 27.

(1) A person commits an offence if that person as off ice bearer.

(a) has not been duly appointed or elected as an office bearer of a community group and acts or purports to act as an office bearer of that community group; or (b) having been appointed or elected as an off ice bearer of a community group other than at the time of the formation of the community group, acts as an office bearer after the end of the period agreed by the members without giving a notification to the D irector.

Register of 28.

(1) A community group registered under this Act shall keep a register of its members in such form as may be the prescribed, and shall cause to be entered in the register name and contact address of each member and the date of admission into membership.

(2) A community group which contravenes subsection (1), and every off ice bearer commits an offence and (a) the community group shall, on conviction, be hable to a fine not exceeding one hundred thousand shillings or suspension for such period as the off ence continues or to both; and (b) every off ice bearer shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings or to i mprisonment for a term not exceeding one year or to both.

(3) Every community group shall submit to the Director a list of its m em bers (a) whenever required by the Director upon reasonable notice; and (b) once every two years or within such longer or shorter period as may be specified by the Director in any particular case for reason given in writing.

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30 (4) A community group which fails to submit an will updated list of members within the specified period attract a penalty for late submission.

(5) A community group shall enter in its register the date on which a person ceases to be a member of the community group within fourteen days from that date.

i nspection of 29.

A member of a community group shall, subject to to the constitution of the community group, have the right inspect the register of members upon reasonable notice.

a confi dentiality of 30.

(1) Subj ect to Article 33 of the Constitution, obtained ^ person shall not disclose any personal information from the register of members of a community group unless the information (a) is directly related to the management of the community group or the purpose for which the community group was established; and (b) is not prohibited by the constitution of the community group.

(2) A person who violates the provisions of subsection (1) commits an offence.

PART VFINANCIAL PROVISIONS Financial records.

31.

(1) A community group shall maintain financial records that its (a) correctly record and explain its transactions, financial position and perf ormance; and (b) enable the preparation of true and fair financial st atem en ts.

(2) A community group shall retain its financial records for a period of seven years after the transactions covered by the records are completed.

Treasurer 32.

(1) The constitution of a community group shall responsible accounts.

provide for the designation of a member of the community fi nancial group as its treasurer or person responsible for its affairs including the maintenance of the community groups financial records.

(2) A person designated as the treasurer of a of community group shall be responsible for the accounts the community group, the collection, disbursement, custody and control of its funds and shall 626 2022 Community Groups Registration No.

30 be (a) at least once in every year at such time as may specified in the group constitution; a (b) at any other time as may be required to do so by resolution of the members of the community group; and (c) upon resigning or otherwise vacating office; and render to the community group and its members a full the true account of all monies received and paid during office period which has elapsed since the date of assuming si n ce or, if such person has previously rendered an account, account, the last date upon which that person rendered such at the and of the monies remaining in the treasurers hands of time of rendering the account, and of all other property or the community group entrusted to that persons custody under that persons control.

(3) After an account has been rendered under is subsection (2), the treasurer shall, if the treasurer or v ac ate resigning or vacating office or required to resign monies as office, hand over to the sueceeding treasurer, the appear to be due from the treasurer, and all bonds, the securities, effects, books, papers and property of community group in the treasurers hands or otherwise under the treasurers control in accordance with the l aw s.

community group constitution and any other written Reports, 33.

(1) Every community group shall, once every two years, furnish the Director, by the 30th June of the year in the which it is made, a report, which shall provide for community groups (a) activities; (b) financial affairs; (c) any other matter as may be required by the Director.

the (2) A report under this section shall be adopted at community group at its annual general meeting before being submitted to the Director under subsection (1).

(3) Where a community group is unable to comply the with subsection (1), it shall notify the Director stating reasons it is unable to comply.

(4) Any person who willfully makes or orders or causes or procures to be made any false entry in or 627 2022 Community Groups Registration No.

30 an omission from a report made under this section commits offence.

(5) The Director may levy a late-filing fee on a this community group that submits a report required under of the section out of time without notifying the Director delay in accordance with subsection (3).

(6) The Director may suspend the certificate of atobe community group that fails to submit a report required submitted under this section until the community group submits the report.

i nspecti on of 34.

A community group shall, upon reasonable notice, make its financial records and related documents, and the docZlntT^' register of members of the community group available (a) for inspection by any office bearer or member of the conununity group at such place and at such times as may be provided for in the constitution of the community group; (b) for inspection by the Director, or by any person authorized by the Director in writing in that behalf, at the ofl fice of the Director at any reasonable time specified; and of (c) when applying for the renewal of its certificate registration.

Director may 35.

(1) Where the Director has reasonable cause to believe that circumstances have arisen which render it [X mationand fi nancial records, expedient for the proper performance of the Directors functions under this Act to do so, the Director may require in writing that a conununity group furnish the Director with (a) a copy of the groups constitution; (b) a complete list of the groups office bearers and members; (c) the minutes of any meeting held by the group at which office bearers were elected or appointed; (d) the financial records of the group covering such period as the Director deems necessary for the purpose for which the request is made; and (e) such other accounts, returns and other information as the Director may request.

628 2022 Community Groups Registration No.

30 (2) A community group shall comply with the request be given under subsection (1) within such period as may as the specified in the request or within such longer period Director may, upon request, allow.

(3) A community group which has had its registration of thi s cancelled for failing to comply with the provisions a Act concerning registration or fails to comply with shall request to furnish financial records under this section, in not be registered again, and no community group which, the opinion of the Director, is a successor of such community group shall be registered, unless the apphcation for registration is accompanied by financial records.

(4) If any information or document furnished to the Director under this section is false, incorrect or incomplete in any material particular community group shall be of this deemed to have failed to comply with the provisions section.

Audit of fi nancial 36.

The Director may direct that the financial records records.

of a community group be audited at the conununity groups cost if the audit is expedient and necessary for the resolution of a dispute between a member of the community group and another.

Resource 37.

(1) A community group may mobilize resources mobilisation.

which it for the benefit of its members or the conununity in operates.

(2) A person who diverts or misappropriates resources belonging to a community group for any other use other w as than for the purposes for which the community group shall be established conunits an offence and, on conviction, or liable to a fine not exceeding three million shillings to imprisonment for a term not exceeding two years or both.

(3) The Cabinet Secretary may issue guidelines for resource mobilisation by community groups and a person who carries out resource mobilisation in contravention of such guidelines commits an offence.

PART VI - GENERAL PROVISIONS Obstruction of the 38.

Any person who obstructs the Director in carrying Director.

out any functions under this Act commits an offence.

General penalty, 39.

A person who commits an offence under this Act to a fine for which no penalty is prescribed shall be liable 629 2022 Community Groups Registration No.

30 not exceeding ten thousand shillings or a community service order for a period not exceeding three months.

Regulations, 40.

(1) The Cabinet Secretary may make regulations Act.

for the better carrying out of the provisions of this (2) Without prejudice to the generality of subsection (1), the Cabinet Secretary may make regulations prescribing (a) the forms to be used for the purposes of this Act; (b) the particulars to be included in (i) applications or notifications to the Director; (ii) certificates of registration i ssued by the Director; (c) procedures, requirements and guidelines on registration, suspension, cancellation and reinstatement of registration of any community group including a special interest group; (d) information to be included in the register of a community group; (e) the records to be kept by a community group; (f) charges, fees or other payments under this Act; (g) guidelines for community mobihsation; (h) the guidelines for resource mobilisation; (i) dispute resolution procedures under this Act; 0) guidehnes f or the establishment of social development committees; (k) guidelines on community group management; and (1) any other matter or thing required to be prescribed to give effect to the provisions of this Act.

Transitional 41.

(1) Eveiy community group which was, provisions.

immediately before the commencement of this Act, registered as a community group by the national be government shall, at the commencement of this Act, deemed to have been registered under this Act: Provided that a community group to which this section applies, shall within a period of one year after the commencement of this Act, put in place measures of thi s necessary to ensure compliance with the provisions Act.

630 2022 No.

30 Community Groups Registration FIRST SCHEDULE (S.

7) THE CONDUCT OF BUSINESS AND AFFAIRS OF SOCIAL DEVELOPMENT COMMITTEES 1.

(1) The National, county and sub county Meetings.

of Committees shall meet at such place within their area jurisdiction as the chairperson may determine and the meetings shall be convened by the chairperson.

in (2) The committees shall have at least four meetings shall every financial year and not more than three months elapse between one meeting and the next meeting.

(3) Unless three quarters of the members otherwise agree, at least seven days' notice in writing of a meeting shall be given to every member by the Director.

at (4) The chairperson may, at his or her discretion or of the written request made by at least half of the members the Committee and within seven days of the request, convene an extraordinary meeting at such time and place and he or she may appoint.

(5) Meetings shall be presided over by the chairperson or in his or her absence by the vice-chairperson.

(6) The members of a Conunittee shall elect a vice chairperson from among themselves (a) at the first sitting of the Committee; and the (b) whenever it is necessary to fill the vacancy in office of the vice-chairperson.

(7) Where the chairperson or vice-chairperson is absent, the members shall appoint from among themselves, a person to chair the meeting of the Committee.

(8) The Committee may invite any person to attend any but of its meetings and to participate in its deliberations, the such person shall not have a vote in any decision of Committee.

Conflict of 2.

(1) If any person has a personal or fiduciary interest i nterest.

the in a project, proposed contract or any matter before at Committee, and is present at a meeting of the Committee which any matter is the subject of consideration, that person of shall as soon as is practicable after the conunencement the meeting, declare such interest and shall not take part in 631 2022 Community Groups Registration No.

30 any consideration or discussion of, or vote on any question touching such matter.

(2) A disclosure of interest made under subparagraph at w hich (1) shall be recorded in the minutes of the meeting itism ade.

Quorum.

3.

(1) Subject to subparagraph (2), the quorum of the the Quorum of a meeting shall not be less than half of appointed members of the Committee.

(2) Where the persons present at a meeting of the hold a Committee do not constitute the quorum necessary to of a meeting under this Act or where by reason of exclusion member from a meeting, the number of members present the falls below the quorum necessary to hold a meeting, in Committee shall postpone the consideration of the matter question until there is a quorum.

4.

A question before the Committee shall be decided by the simple majority of the members present and voting and have a chairperson shall, in the case of an equality of votes, casting vote.

Rules of 5.

The Committee shall- Procedure and minutes.

its (a) determine rules of procedure for the conduct of minutes business; and (b)keep minutes of its proceedings and decisions.

632 No.

30 2022 Community Groups Registration SECOND SCHEDULE (s.

l0(3)) MATTERS TO BE PROVTO ED FOR IN THE CONSTITUTION OF A COMMUNITY GROUP Title of the Constitution 1.

Indicate name of group.

Purpose of the community group been 2.

State the reason for which the community group has established.

Address of the Group/Proj ect 3.

Physical and postal addresses of the project.

Goal 4.

State the broad objectives of the community group.

Specific Objectives 5.

State the means of achieving the goal of the community group.

Values 6.

A statement of the values of the group.

Group activities 7.

A statement of the groups activities.

Membership or8.

Including eligible members, nature of membership (open closed), procedure of joining, procedure of removal, procedure of departure, duties of member, rights of member, discipline of members, etc.

Office bearers 9.

Including chairperson, vice-chairperson, secretary and treasurer; election or appointment of office bearers; removal or resignation of office bearers; qualification or disqualification to be office or bearers; functions roles of office bearers; etc.

Tenure of off ice bear er s 10.

Term of holding office; whether eligible for a new term or not; etc.

Group finances of funds of the 11.

Specific roles and powers of treasurer; sources f unds of the community group; the management and accounting for 633 2022 Community Groups Registration No.

30 community group; banking arrangements for the funds of the community group; maintenance of financial records of the conununity group; auditing of the financial records of the community group; financial reports of the community group; etc.

Utilization of funds 12.

Authorised expenses of the community group including remuneration or allowances of employees or staff of the community group; operational expenses of the community group; statutory expenses of the community group such as taxes; etc.

Group Assets 13.

The procedures for handling the distribution, disposal and sharing of assets and upon voluntary dissolution.

Record Management 14.

The types of records that the community group should keep including members register, member shares register, payment vouchers, cashbook, minute book/file financial statements, etc.

Meetings 15.

Type and frequency of meetings; procedure at meetings; agenda of meetings; records relating to meetings; procedure for convening of meetings; quorum at meetings; authorised business of meetings; adoption of certain reports at specified meetings; etc.

Elections 16.

Eligibility to vote; method of voting; supervision of elections; notice of election; reporting and confirmation of election results; special dispute resolution procedures regarding elections; transitional procedures relating to elections, etc.

Dispute resolution within the 17.

The procedures for handling disputes or conflicts group; the acceptable methods of dispute resolution; notice periods group; etc.

relating to disputes or conflicts in the community Amendment of the community group constitution 18.

Notice periods relating to amendments to the community group constitution; quorum for amending the community group constitution; constitution; procedure for proposing amendment of community group transitional procedures regarding amendments; adoption of amendments; etc.

Indemnity on done 19.

Office bearers protected from liability for activities behalf of the community group in good faith; group liable to third parties 634 2022 Community Groups Registration No.

30 cause loss, damage or to pay compensation for activities of the group that inj ury to the third parties; etc.

Office bearers liable for loss, damage or injury caused by acts done in contravention of community group constitution or w ithout authorization if authorization was required or withheld by members of the group.

Dissolution dissolved; 20.

Circumstances under which community group may be periods in procedure for the dissolution of community group; notice f or the dissolution respect of the dissolution of community group; quorum dissolution; of community group; transitional procedures during after dissolution; treatments of assets and liabilities of community group etc.

Commitment clause to the 21.

Community group members should sign and commit provisions of the community group constitution.

.