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A society in Kenya refers to a voluntary association of individuals who come together to achieve a common goal or purpose. Unlike a company, a society is not formed for profit-making purposes. Instead, its primary focus is on promoting social, cultural, or charitable objectives. Societies can take various forms, including community development organizations, sports clubs, religious groups, and professional associations.
| Feature | Society | Club | Trust |
|---|---|---|---|
| Purpose | Primarily social, cultural, or charitable | Often recreational or social | Primarily for charitable or philanthropic purposes |
| Legal status | Incorporated entity with legal personality | Usually informal and unincorporated | Incorporated entity with legal personality |
| Membership | Open to anyone who meets the criteria | Often restricted to a specific group | Can be open or closed |
| Governance | Managed by a committee or board of directors | Typically managed by a committee or executive | Managed by trustees |
To register a society in Kenya, you must meet certain requirements set forth by the Registrar of Societies. These requirements are designed to ensure that the society is formed for legitimate purposes and operates within the legal framework.
Minimum number of members
Age restrictions
Nationality requirements
Objectives
Constitution:
The process of registering a society in Kenya involves several key steps. It is essential to follow these steps carefully to ensure a smooth and successful registration.
The first step is to select a unique and appropriate name for your society. The name should reflect the society’s purpose and be distinguishable from existing societies.
You will be required to provide three (3) alternative names that will be used in the name search stage. Enter them in descending order of preference.
Check name availability: Before finalizing the name, conduct a search to ensure that it is not already registered with the Registrar of Societies. You can use online resources or visit the Registrar’s office to check availability.
Avoid offensive or misleading names: The name should not be offensive, misleading, or infringe on the rights of others. This will lead to automatic disqualification of the name.
The society’s constitution is a crucial document that outlines its rules, regulations, and governance structure. It should be drafted carefully to ensure compliance with legal requirements and the society’s objectives.
Key components of a society constitution:
Tips for drafting a comprehensive constitution:
You can follow Society Constitution Sample as provided by the Government of Kenya for ease of operation.
To submit the application for registration, you will need to gather the following documents:
Once you have prepared the necessary documents, you can submit the application to the Registrar of Societies. The application can be submitted in person or through a designated agent. Currently, the Government of Kenya is moving all its services online and most likely you will need to submit it via eCitizen Portal.
Fees: There are fees associated with registering a society. The exact amount may vary, so it is advisable to check with the Registrar’s office for the current fees.
Processing time: The processing time for registration can vary depending on the workload of the Registrar’s office. It is generally recommended to submit the application well in advance of your desired registration date.
Upon approval of the application, the Registrar of Societies will issue a Certificate of Registration. This certificate is a legal document that confirms the registration of the society and grants it legal personality.
Once your society is registered, you have certain obligations to fulfill. These obligations are designed to ensure the transparency, accountability, and proper functioning of the society.
Yes, a foreigner can register a society in Kenya. However, they may need to provide additional documentation or obtain special permits, depending on their immigration status and the nature of the society.
The tax implications of running a society in Kenya depend on its activities and sources of income. Some societies may be exempt from certain taxes, while others may be subject to corporate tax or other relevant taxes. It is advisable to consult with a tax professional for specific guidance.
A society can engage in business activities, but these activities must be related to its primary objectives and not for profit-making purposes. The society’s constitution should clearly outline its business activities and the manner in which profits or surpluses will be used.
The registration process can vary in terms of time, depending on the completeness of the application and the workload of the Registrar of Societies. It is generally recommended to allow sufficient time for the process.
Failure to comply with the regulations governing societies can result in penalties, fines, or even the cancellation of the society’s registration. It is important for societies to adhere to the requirements set forth by the Registrar of Societies.
Registering a society in Kenya is a valuable step for individuals or groups seeking to establish a formal organization for a common purpose. By following the outlined procedures and meeting the necessary requirements, you can create a legal entity that can contribute to social, cultural, or charitable causes.
We offer registration services at affordable charge for those not able to do it themselves. Simply contact us via Email or WhatsApp for assistance. See also our Other Services.
Best wishes registering your society in Kenya and contributing to the betterment of your community.
Telephone: +254780850035 , +254747850035
WhatsApp: +254780850035 , +254747850035
Email: info@itechrecursos.co.ke
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