Act No: CAP. 108
Act Title: SOCIETIES
SUBSIDIARY LEGISLATION
SOCIETIES DECLARED TO BE SOCIETIES DANGEROUS TO THE GOOD GOVERNMENT OF THE REPUBLIC UNDER SECTION 4(1)(II)
[Cap. 24 (1948), Sub. Leg., G.N. 678/1949, G.N. 913/1950, G.N. 1415/1950, G.N. 1198/1952, G.N. 1199/1952, G.N. 890/1953, G.N. 1324/1954, L.N. 268/1956, L.N. 465/1956, L.N. 13/1958, L.N. 464 of 1961, L.N. 594/1962, L.N. 678/1963, L.N. 327/1968, L.N. 55/1969, L.N. 71/1969, L.N. 239/1969, L.N. 148/2003.]

The societies commonly known by the following names:

Kenya Land Freedom Army.

Kenya Land Freedom Party.

Kenya Parliament.

Rift Valley Government.

Rift Valley Province Parliament.

Thirikari.

Kiama Kia Itu.

Mbutu Cia Ita.

Njamba Cia Ita.

Kiama Kia Mbara.

Kiama Kia Hunyu.

Mutangiri.

Kiama Kia Ndundu.

Land Freedom Army.

Dini Ya Musambwa, otherwise known as Dini Ya Msambwa.

The Kenya War Council.

The Ex-Freedom Fighters Union.

The Sabina Church.

The Kenya Master Aid Society.

The Mwangi and Maina Social Club (Kenya).

The Walioleta Uhuru Union.

The Mahoya Ma Jehova Church.

Kenya Peoples Union and all its branches and sub-branches to be Societies Dangerous to the Good Government of the Republic of Kenya.

SOCIETIES RULES, 1968
[Section 53, L.N. 678/1963, L.N. 62/1968, L.N. 243/1988, L.N. 84/1997, L.N. 71/2003.]
1.

These Rules may be cited as the Societies Rules, 1968.

2.

Every application made for registration or exemption from registration under section 9 of the Act shall—

(a)

be made in duplicate in Form A in the Schedule to these Rules;

(b)

be typewritten;

(c)

be signed by three of the officers of the society;

(d)

be sent to the Registrar together with the prescribed fee;

(e)

be accompanied—

(i) subject to any direction of the Minister, by two type-written or printed copies of the constitution or rules of the society; and
(ii) by a notification in duplicate of the situation of the registered office and postal address in Form B in the Schedule to these Rules signed by three officers of the society.
3.

Where the constitution or rules of the society were not made in the English language, there shall be attached to the application two copies of a translation of the constitution or rules into the English language in addition to the two copies of the said constitution or rules in the language in which they were made.

4.

The certificate of registration issued by the Registrar under section 10(3) of the Act shall be in Form C in the Schedule to these Rules.

5.

The certificate of exemption from registration issued by the Registrar under section 10(3) of the Act shall be in Form D in the Schedule to these Rules.

6.

Where under section 11 of the Act the Registrar refuses to register a society, he shall send to the society a notification of his refusal in Form E in the Schedule to these Rules.

7.

Where under section 13 of the Act the Registrar rescinds an exemption from registration granted to a society, he shall send to the society a notification of such rescission in Form F in the Schedule to these Rules.

8.

Where under section 12(1) of the Act the Registrar is of the opinion that the registration of a society should be cancelled or suspended, he shall send to the society—

(a)

a notification of intended cancellation or suspension in Form G(1) in the Schedule to these Rules; and

(b)

a notification of cancellation or suspension in Form G(2) in the Schedule to these Rules.

9.

(1) An order made by the Registrar under section 31(1) of the Act may require the society to furnish him, in addition to the documents and information specifically mentioned in that section, with—

(a) information on any of the matters contained in Forms A and B in the Schedule to these Rules;
(b) information as to the property, movable and immovable, and the financial position of the society;
(c) a balance sheet of the previous or any specified year’s working of the society;
(d) all or any of the books of account of the society;
(e) any minutes or written records of proceedings of the society or of its governing body;
(f) the documents of title to any property held by the society; and
(g) the register of members of the society kept under section 25 of the Act.
(2)

Any information furnished by a society in accordance with an order given by the Registrar under section 31(1) of the Act shall be verified by the signatures of three officers of the society.

10.

Every notice given under section 16(1) or (3) of the Act shall be in Form B in the Schedule to these Rules.

11.

Every notice given under section 17(1) of the Act shall be in Form H in the Schedule to these Rules.

12.

(1) Where the Registrar has consented to an application under section 20(1) of the Act, or where the Registrar has received notification of change of the registered office or postal address of any registered society under section 16(3) of the Act, he shall amend the register accordingly.

(2)

Where the name of a registered or exempted society has changed, the Registrar shall issue a fresh certificate of registration or exemption from registration, as the case may be, upon the original certificate being surrendered to him.

(3)

Where the original certificate is not surrendered to the Registrar in accordance with paragraph (2) of this Rule, the Registrar shall issue a fresh certificate of registration or exemption from registration, as the case may be, on payment of the prescribed fee.

(4)

The Registrar shall also make such other amendments to the particulars concerning a registered society entered in the register as may be necessitated by information supplied to him.

13.

The annual return required under section 30(1) of the Act shall be furnished on or before the 31st March in each year, and shall be in respect of the immediately preceding calendar year, and shall be in Form I in the Schedule to these Rules signed by three officers of the society.

14.

The Registrar shall publish in the Gazette notice of—

(a)

the registration, exemption from registration or refusal of registration of a society;

(b)

the registration or notification of any change of name of a society;

(c)

the rescission of exemption from registration of a society; and

(d)

the cancellation or suspension of the registration of a society.

15.

An appeal to the Minister under section 15 of the Act, and any application for an extension of time within which to lodge such an appeal, shall—

(a)

be in writing signed by three officers of the society;

(b)

set out the grounds upon which the appeal or application is based; and

(c)

be sent to the Senior Assistant Secretary, Office of the Attorney-General.

16.

The particulars to be entered in the register of societies by the Registrar under section 10(1) of the Act shall include—

(a)

the name of the society;

(b)

the registered office;

(c)

the postal address;

(d)

the objects;

(e)

the name of each organization or group of a political nature established outside Kenya, of which the society is a branch or to or with which it is affiliated or connected;

(f)

the class or classes of persons to whom membership is restricted;

(g)

the titles of the officers;

(h)

the immovable property owned by the society and the manner in which vested;

(i)

the number of members;

(j)

the names, occupations and addresses of the principal officers.

17.

A registered society or officer guilty of an offence against these Rules shall be liable to a fine not exceeding two thousand shillings, or, in the case of an officer, to imprisonment for a period not exceeding three months.

SCHEDULE

ORDER DECLARING A SOCIETY DANGEROUS TO THE GOOD GOVERNMENT OF THE REPUBLIC
[L.N. 42/2002.]

ORDER IN TERMS OF SECTION 4(1)(II)

Mungiki Movement,

Jeshi la Mzee,

Jeshi La Embakasi,

Jeshi la King’ole,

Baghdad Boys,

Chinkororo,

Amachuma,

Banyamulenge,

Talibans,

Dallas Muslim Youth,

Runyenjes Football Club,

Kaya Bombo Youth,

Sakina Youth,

Charo Shutu,

Kuzacha,

Kamjeshi,

Jeshi la Nazir,

Kosovo Boys.