Societies Registration in Kenya:

Society registration in Kenya compliance ensures that all societies must be registered by the registrar of societies. A society that is not registered or has applied for registration within twenty eight days of its formation shall not carry on any business without authorization by the Registrar. If such a society solicits for donations or contributions from members or from any other person without such authorization shall be conducting unlawful business.

The requirements for society registration  in Kenya are:

• A list of designated members ( 10 members minimum);
• The names, occupation and postal addresses of the officials Chairman, treasurer and secretary;
• Constitution of the society which must contain name, postal address and objects of the society;
• Application form A and B each in duplicate signed by three of the officers.
• Form A (application for registration of a society)
• Form B ( notification of address and registered office of a society)

Registration of a society procedures:

Name search.

A name search is conducted to determine whether proposed names are available for registration.

Preparation of the constitution and necessary forms.

The society’s constitution is prepared and Forms A ( application for registration of  a society) and B are completed.

Lodging of the documents for registration purposes.

The duly filled forms and the constitution are there after lodged with the registrar of societies together with the prescribed fee. This includes

Issuance of a certificate:

If the application is accepted, a certificate of society registration is
subsequently given out. In the case where the registration requirements are
not adhered to, then the Registrar of societies can issue a Notice of Refusal.
PS: Every year, each registered society must file its annual returns with the
Registrar in the appropriate form and pay the necessary fee based on the
number of members of the society.
Validity
1. The validity of the certificate of registration is valid as long as the society
exists. The certificate of registration remains valid, unless revoked by the
Registrar of Societies
2. The validity of the society is stated in its constitution. In case the society
seeks to cease to exist, measures to take to facilitate its termination are
outlined in its constitution.
3. The existence of the society may be terminated or deemed unlawful by
the Government of Kenya if it goes against the Societies Act 2012 of the
Laws of Kenya.

Withholding of Registration:

The Registrar may withhold to register a society where—
a) he is confident that such a society is a branch of, affiliated with,
or related to any political organization or organization founded
outside of Kenya; or
b) any of the proposed officers has previously served as a leader of a
society that was denied registration or had its registration revoked in
accordance with the Society Act.
The Registrar SHALL withhold to register a society where—
●The society has among its objectives, or is likely to pursue, or will be used
for, any unlawful purpose, or any purpose prejudicial to or incompatible
with peace, welfare, or good order in Kenya, or that the registration of
the society would otherwise be likely to harm the interests of peace,
welfare, or good order in Kenya; or
●It is a society that the Minister has deemed harmful to the
Republic’s effective government; or
● the society’s rules or the constitution in any way violate any laws or are
in conflict with them; or
● He is confident that the application doesn’t follow any rules enacted
under the Act; or
●He is satisfied that there is no such society; or
● the name under which the society is to be registered—
I. is the same as any other society, whether it has existed or not, or
any society whose registration application has been denied under
this section; or
II. its name is identical to any other society’s name so closely that it
might easily mislead the public or its own members about what it is
or who it is; or
III. is abhorrent to, violates any law, or is otherwise
undesirable.

Advantages of Society Registration:

Once a society is registered it becomes a separate legal entity and it can accrue
the following rights and benefits:
➔ They are able to purchase any type of property with less hassle and
the property can be registered in its own name.
➔ The society can file legal proceedings against a person or a legal entity
in the case of a dispute.
➔ Take advantage of income tax exemption. It is possible for the Society
operating under the Act to file an income tax return.
➔ Defend the incorporated body’s assets from anyone attempting to claim
ownership of them.
➔ Assemble money from external sources.
➔ Circumvents the restrictions that preclude opening a bank account in
its name.
➔ Possess few liabilities compared to other entities.

Registrar of societies Kenya annual returns forms

Every registered society shall furnish the Registrar annually, the Annual Returns of the previous year by latest 31st March by filing in the prescribed form I and at a prescribed fee based on the number of members.

Conclusion :

The efforts of volunteers who are solely motivated by their desire for progress
drive society, which is a constitutional body. By becoming legally recognized, a
society can operate at full capacity and benefit from tax and legal obligations.
Therefore, we can infer that ignoring registration is definitely a bad idea.

FAQs:

1. Where can I register a Society in Kenya?
A person can register with us Briantony International Consultants. We offer
societies registration service and this applies to Clubs and Associations in
Kenya at an affordable fee. We provide you with forms A and B and also a
sample of the Constitution and register societies within the shortest time
possible and we offer the filing of Annual returns for Societies and
Associations.

2. How do I register a Society online in Kenya?
Prepare the constitution and pertinent forms (Forms A and B) and submit
them, along with the required fee, to the Registrar of Societies in the office of
the Registrar General for registration. A certificate of registration of the
society is subsequently delivered to the society following approval.

3. Is a registered society a legal entity?
A society that has been registered under the Act is treated as a separate legal
body from the individuals who make up its membership. With this kind of
registration, a society has the same legal status as an individual but has no
physical presence. As a result, it has the ability to buy, hold, sue, and be sued.

4. Can societies own land in Kenya?
Yes, non-citizens can own property in Kenya and benefit from all legal rights
and protections that Kenyan residents have. However, there are limitations on
the type of land tenure they are allowed to hold, and they are not allowed to
own or deal with agricultural land.

5. What is the minimum number of members required to register a
society and how long does it take to register a Society?
The minimum number of members required in the registration of a society in
Kenya is at least 10 members and it takes 120 days to complete the registration
of a society in Kenya.

Briantony International Consultants offers societies registration services. This service also applies to Clubs and Associations in Kenya. We provide you with Forms A and B and also a sample of the constitution. We also register societies within a short time. We also file annual returns for societies.

We offer registration services for

• Societies
• Associations (how much does cost to register an association in Kenya)
• Churches
• Private Members clubs
• Welfare societies Under the Registration of Societies Act Kenya
• Registration of Welfare groups in Kenya
• Registration of Self help groups in Kenya