Kericho County Cooperative Societies Regulations, Legal Notice no. 1 of 2018

1. These Regulations may be cited as the Kericho County Citation Cooperative Societies Regulations, 2018 and shall come into operation upon publication in the Gazette.

2. In these Regulations— “Act” means the Kericho County Co-operative Societies Act, 2017; “Committee” has the meaning assigned to it under section 2 of the Act ; “Director” means the County Director for Co-operative management appointed under section 6 and includes a Deputy Director or any person discharging the function of the Director; “domestic co-operative societies” means a co-operative society registered in Kericho County; “Executive Committee Member” means the County Executive Committee Member responsible for matters relating to cooperative management; “Liquidation account” means the Liquidation Account established by Rule 45; “Register” means the register of Co-operative Societies kept under Rule 4; “special resolution” means a resolution passed by two thirds of the members present and voting at a general meeting of a society; and “Supervisory Committee” has the meaning assigned to under Section 2 of the Act. 2 Kericho County Subsidiary Legislation, 2018

3. (\) The Director shall keep or cause to be kept at Directar’s Register of Co- operative Societies office a register of co-operative societies where particulars related to the registration of societies and their by-laws and amendments shall be entered. (2) Every entry in the register shall be made under the direction of the Director and signed by him or her and every alteration, interlineations or erasure shall be initiated or initialed by the Director. (3) In addition to the principles provided under section 12 of the Act, the following internationally recognized co-operative principles developed by the International Alliance shall be applicable — (a) voluntary and open membership; (b) democratic member control; (c) economic participation by the members; (d) autonomy and independence; (e) education, training and information; (f) co-operation among co-operatives; and (g) concern for community in general.

4. (1) An application for the registration of a domestic co- Application for Registration operative society under section 12 of the Act shall be made to the Director in Form IA provided in the Schedule for co-operative societies registered and operating in the County before the commencement of the Act shall be deemed to have been registered under the Act. (2) An application for registration shall be accompanied by an appraisal of the practicality of the society. (3) Co-operative societies registered outside the county shall apply for a licence to the Director in Form IB upon payment of a licence fee as prescribed in Second Schedule.

5. (1) Upon registration of a society and payment of fee as Certificate of Registration prescribed in Second Schedule the Director shall forward to the society— (a) a certificate of registration or of a provisional certificate set out in the Schedule to these Regulations in Form IIA or Form IIB; (b) a copy of the by-laws of the society as registered and certified by the Director as having been registered; (c) a copy of the Kericho County Co-operative Societies Act, 2017 and Regulations made there under; and (d) acopy of Form IA . (2) A replacement of the original registration certificate shall be issued to a co-operative society upon payment of replacement fees as prescribed the second Schedule. Kericho County Subsidiary Legislation, 2018 3

6. (1) Where the Director rejects an application for registration of — Notification of refusal a proposed society or its by-laws, he or she shall, within fourteen days os sula hii of the rejection , give reasons for such rejection to the applicant, in writing. (2) A person aggrieved by the Director's refusal under paragraph (1) may appeal against the refusal to the Executive Committee Member upon payment of a filing fee as prescribed in Second Schedule.

7. (1) The by-laws of a co-operative society shall contain the i ag society following — ste (a) name of the co-operative society: (b) registered office and postal address; (c) area of operation and membership common bond; (d) objects of the society; (e) the purposes for which funds may be applied; (f) the disposal of the accumulated funds; (g) the qualification for membership, the terms of admission of members and the mode of their admission; (h) withdrawal and expulsion of members and the payment, if any, to be made to such members and the time within which such payment shall be made: (i) the rights, liabilities and obligations of members; including the minimum shareholding and produce delivery; (j) the transfer shares or interest of the members; (k) the manner of raising funds, including maximum rate of interest on deposits; (1) its general meetings, the procedure and quorum of such meetings, power of such meetings and representation and voting at such meetings: (m) the appointment, suspension and removal of members of the Committee and officers and the powers and duties of the Committee and officers; (n) the period of its financial year; (o) the authorization of officers to sign documents on its behalf; (p) the settlement of disputes: and (q) such other matters as may be expedient for the better carrying out the provisions of these Regulations. (2) If the objects of society include the creation of funds to be lent to its members, by-laws shall also be made in respect of the conditions and other requirement on which loans and advances may be made to members including— (a) the rate of interest; 4 Kericho County Subsidiary Legislation, 2018 (b) the maximum amount which may be lent to a member; (c) the extension, renewal and recovery of loans; (d) the period and purpose of the loan; (e) the security for the loans; and (f) the consequences of default in the repayment of any sum due.

8. (1) Any amendment of the registered by-laws of a co-operative Amendment of by-laws society under section 22 of the Act shall be made by a resolution of members at a general meeting of the society in respect of which at least fifteen clear days’ notice to proposed amendment shall have been given to the members of the society. (2) No resolution under paragraph (1) shall be valid and effective unless— (a) in the case of a co-operative society with unlimited liability, half of the members of the society are present at the meeting and three quarters of them vote in favor of the resolution ; or (b) in the case of a co-operative society with limited liability, a majority of the members of the society present at the meeting or in writing vote in favor of the resolution. (3) Where written votes are used under paragraph (2) (b), the following shail apply — (a) the secretary or manager of the society must have sent voting papers to all members of the society to enable the members to record their votes and return the voting papers to the secretary or Manager within reasonable time before the meeting; and (b) the votes shall have been examined, counted and the results notified to members by the committee. (4) Where, in pursuance of the provisions of section 22 of the Act, amendment is sent to the Director, it shall be accompanied by a certificate in Form Hi set out im the Schedule to these Regulations together with a copy of amendment in triplicate. (5) Upon registration of the amendment of the by-laws, the Director shall issue a copy duly signed by him or her upon payment of a fee prescribed in Second Schedule.

9. (1) No co-operative society shall fix any limit to the number Membership of co- Operative society. of its members. (2) Any member of a co-operative society who ceases to qualify for membership of the society under section 14 of the Act or under these Regulations or the by-laws of the society, shall forthwith cease to be a member of the society and the committee shall direct the secretary or the manager to strike his name off the register of members.

10. (1) Where for any reason other than death, a member of a co- Transfer of shares in a co-operative society operative society ceases to be a member, the member may, subject to section 28 of the Act, transfer their share or shares in such society to Kericho County Subsidiary Legislation, 2018 another member or to a proposed member approved by the committee of such society but shall not be entitled to repayment from the society of any money paid in respect of such share or shares. (2) No transfer of a share in a co-operative society shall be valid and effective until such transfer has been recorded in the register of the society. (3) No transfer of a share or shares in a co-operative shall be valid and effective if made by a member indebted to a society whether such debt is due for payment or not. (4) When for any reason other than death, a member of a co- operative society registered with limited liability holding deposits from non-members ceases to be a member, t they may, subject to section 23 of the Act, transfer their share or shares in such a society to another member, or to a proposed member approved by the committee of such a society. but shall not be entitled to repayment from the society of any money paid by him in respect of such shares.

11. Subject to the provisions of the Act, these Regulations and Rights of a member the registered by-laws of the co-operative society, a member of a society may transfer his membership to another registered cooperative society to which he or she is registered.

12. No society shall operate without an approved budget by a Approved Budget general meeting three months before the end of the financial year.

13. A co-operative society shall keep up to date and in proper Book to be kept by a registered cooperative businesslike manner such accounts and such books as the Director society may from time to time direct either generally or in respect of any particular society or class of societies.

14. The annual return required to be filed pursuant to section 34 Annual Returns (10) of the Act, shall be in Form IV set out in the Schedule to these Regulations and shall be filed with the Director within four months after the closure of the financial year.

15. Every co-operative society shall cause its audited accounts to Display of audited accounts be displayed in a conspicuous place at its registered office and branches at least two weeks before presentation of the accounts to its members at the general meeting.

16. (1) A person qualified under the Accountant’s Act wishing to Approval of Auditors be considered to audit cooperative societies shall make an application in writing to the Director and shall pay a fee as prescribed in the Second schedule and such an application shall be made annually; (2) There is established county co-operative technical committee (hereby referred ‘to as co-operative technical committee) and shall consist of — (a) Chief Officer responsible for Trade, Industrialization, Co- operative Management, Tourism and Wildlife appointed under the County Government Act, 2012 who shall be the chair to the Committee; Kericho County Subsidiary Legisiation, 2018 (b) the Director for Co-operative Management: (c) the Director for Co-operative Audit; (d) all Sub-County Cooperative Officers appointed under this Act and responsible for the areas; and (e) an Administrative Officer in the department of Trade, Industrialization, Cooperative Management, Tourism and Wildlife who shall serve as the secretary to the Committee. (3) The county co-operative technical committee shall appraise, authenticate, discuss and approve the list of auditors; (4) The Director may cause to be published the list of auditors approved to audit cooperative societies; (5) An Auditor who is aggrieved by an order or decision of the co-operative technical committee may appeal to the Executive Committee Member within thirty days of the order or decision.

17. (1) The audited accounts required to be submitted to the Submission of Audited Accounts to Director pursuant to section 34 (7) of the Act shall be in five copies the Director and shall include and disclose— (a) the name of the society as registered must appear on all accounts together with the society's registration number; (b) the share capital of the society, disclosed separately; (c) statutory reserve of the society, computed separately; (d) each main group of assets and liabilities and the total for the assets and liabilities; (e) loans specified as short term if repayment period is less than five years and as long term if repayment period is more than five years; (f) dividends, bonus or honorarium disclosed under current liabilities; a detailed schedule of depreciation of fixed assets under “notes of accounts”; details of all investments disclosed under “notes of accounts’; stocks and eash balances indicating whether verified or otherwise; the statement of financial position signed by the chairperson and two other Committee members; separate accounts prepared in respect of each activity; any material amount written off together with a resolution of the general meeting of the society and satisfactory explanation; and (m) a statement of management responsibility. Keriche County Subsidiary Legislation, 2018 (2) The audited accounts shall be submitted together with— (a) an extract of minutes of the general meeting in support of appointment of auditor; and (b) banker's cheque of the relevant audit and supervision fee. (3) the audited accounts shall be read together with Director's comments thereon, if any. (4) No Auditor shall present the audited accounts of a cooperative society to the members at a general meeting unless the accounts have been submitted, approved and registered with the Director upon payment of audit supervision fee prescribed in Second Schedule.

18. Any change of a society’s bankers and signatories shall be Society bankers approved by the members in a duly convened general meeting and confirmed by the Director, in writing, to the bank attaching the extracts of minutes. PART IICONDUCT OF GENERAL MEETINGS OF CO- OPERATIVES AND AFFAIRS OF COMMITTEES

19. (1) The quorum of general meetings of a society shall be as Quorum at general laid down in the by-laws of the society. (2) A special general meetings of a cooperative society may be convened on written request for such meeting signed by such number of members of the cooperative society as may be prescribed in the respective society by-laws. (3) Where a meeting is convened by the Director under the provisions of section 36 (8) of the Act, the members present at such meetings shall be deemed to constitute a quorum.

20. (1) At all general meetings of a co-operative society the General Meeting Chairperson or in this absence, the Vice Chairperson or such other Person as provided for in the by-laws shall preside and in their absence any person elected by the majority of the members present shall preside. (2) The Director or Director's representative may preside at any Meeting convened under the provisions section 36 (8) but shall not be entitled to yote,

21. ({) The Director or his/her appointee shall be the returning Voting at General officer in all cooperative societies’ elections. (2) Unless otherwise provided for in the Act, these Regulations or by-laws of a cooperative society, any question referred to the members present at a meeting shall be decided by a majority votes. (3) The Chairperson shall declare whether every resolution put to the vote has been carried or lost and shall cause an entry to that effect to be made in the minute book of the society which when signed by him shall be conclusive evidence of anything contained therein. (4) The Chairperson shall have one vote only and no casting vote. 8 Kericho County Subsidiary Legislation, 2018 (5) A resolution on which the voting is equal shall be postponed to a subsequent meeting.

22. (1) The Committee shall be elected for a term ofthree years Conduct of affairs of a Commitiee with one third of the members of the committee retiring at the end of each year on a rotational basis. (2) The majority members of a Committee may, for a good cause, suspend a Committee member subject to ratification by a general meeting. (3) If during the term of office of a Committee, a vacancy occurs in the Committee and the number of members drop to below five, the committee shal] co-opt a member of the society to serve on the committee until the next general meeting of the society. (4) Elected members of a Committee shall be removed only by a two-thirds majority of the members of the society present and voting at a general meeting. (5) Notwithstanding sub-rule (4) above, elected members of a management committee may be removed by two thirds of the members of their electoral zones present and voting provided that the complaints raised have been investigated by the Director and deemed to be satisfactory and the members shall elect a new member of the Committee who shall hold office for the remainder of the term of the member removed. (6) The Executive Committee Member may remove from office a Committee of a cooperative society if he or she is satisfied that it has not complied with the provisions of the Act or any other written law. {7) If a genera) meeting removes a member of the Committee, it shall forthwith elect a new member who shall hold office for the remainder of the term of the member removed and where the entire committee is removed from office, the general meeting shall immediately elect an interim committee of not more than five members to hold office for a period not exceeding ninety days. (9) The Committee shall hold regular meetings, but not more than fifteen meeting in a year, at which— (a) minute of its previous meetings shall be considered and confirmed; (b) the accounts, bank books and cash at hand shall be scrutinized and checked and the Committee's observations thereon recorded in its minute; (c) any other current business shall be considered. (10) A person elected into a Committee of a cooperative union or apex society on the basis of his or her elected position at the affiliate primary cooperative society shall cease to be a Committee member of the cooperative union or apex society upon being replaced or voted out the primary cooperative society. (11) A member of the Committee shall be eligible for election into the supervisory committee at least three years after vacating the post of the committee member. Kericho County Subsidiary Legislation, 2018 9

23. (1) where a society employs a manager for purposes of Manager and other section 34 of the Act, his or her duties shall include— employees (a) general management of the society; (b) maintenance and keeping custody of books, accounts, assets, registers, certificates, society seal, cheque books and other accountable documents of the society; and (c) being a signatory to the society” cheques, contracts and other documents. (2) All employees of a Cooperative society shall be appointed in accordance with the terms and conditions of Service approved by the Director. (3) The Committee may, if it deems it fit, require the manager and any other officer on appointment, to give such security as it may determine.

24. (1) Every Committee member shall, pursuant to section 37 Committee members to file indemnity (6) of the Act, file an indemnity in Form V set out in the Schedule to this Regulations whose amount shall be determined by the general meeting and which shall be lodged with the Director within fourteen days of his or her election to the committee. (2) A committee member who fails to comply with the requirements of this rule shall automatically cease to be a member of the committee.

25. (1) Every society shall have a supervisory committee Supervisory Cammitiee consisting of three members elected at a general meeting. (2) At the first election of the members of the supervisory committee, one member shall hold office for one year, another member shall hold office for two years and the third member shall be in office for three years such that each year one member shall vacate office of the supervisory committee but shall be eligible for re- election. (3) A member of the supervisory committee may be removed from office by a resolution of a general meeting for inability to perform the functions of the office or for any other lawful cause. (4) The duties of the supervisory committee shall include — (a) verification of al] transactions of the society; (b) compiling quarterly reports of its findings to be tabled at joint meetings with management committee to be held twice a year; (c) submission of its reports to the Director; (d) presenting its reports to the general meeting. (4) Notwithstanding the provisions of sub-rule (3), the supervisory committee shall not perform the duties or exercise any of the powers of the committee. (5) A member of a previous supervisory committee shall be 10 Kericho County Subsidiary Legislation, 2018 eligible for election to the management committee at least three years after vacating office as a member of the supervisory committee. (6) An employee who leaves employment of a particular co- operative society shall be eligible for election to the supervisory committee three years after leaving employment.

26. Where a society intends to exercise its rights to have a first Society to have first charge charge under section 4lof the Act, the society shall give fourteen days’ written notice of such intention to the member or past member concerned.

27. Pursuant to section 45 (1) of the Act— Authorization of Deductions (a) a member of a co-operative society authorizing deductions from his or her emoluments may fill a deduction authorization form in Form VIA set out in the schedule to these Regulations. (b) a co-operative society receiving deductions from the employers shall file monthly remittance returns to the Director not later than the 15th day of every month in Form VIB set out in the schedule to these Regulations.

28. The nominations of nominees pursuant to section 49 of the Appointment of nominees Act shall be in Form VII set out in the schedule of these Regulations.

29. (1) A co-operative society which under its by-laws has power Limitation of borrowing powers to borrow money shall from time to time at a general meeting fix the maximum liability which it may incur in loans or deposits from non- members. (2) Notification of the maximum liabilities fixed shall be sent to the Director in Form VIII set out in the schedule to these Regulations. (3) The maximum liabilities fixed shall be subject to approval of the Director who may, at any time, reduce it or impose such condition as he or she may deem necessary.

30. (1) Where the society invest in real estate other than for its Investment of society funds own accommodation, it shall not hold more than twenty percent of the equity in the investment or expend a sum exceeding twenty percent of its share capital in such venture. (2) Where the society intends to invest using the society as a trustee, the Director’s approval should be sought.

31. For the purpose of section 50 of the act a copy of an entry in Copies of entries any book of co-operative society may be certified as a true copy of such entry by the Chairperson and one other officer authorized by the Committee.

32. Every co-operative society shall pay into the reserve fund Duty to mamtain reserve fund maintained in pursuance to the provisions of section 57 of the Act, one-fifth of any net surplus resulting from operations of the society during a financial year.

33. (1) On the dissolution of co-operative society the assets Application of reserve funnel represented by the reserve fund shall be applied in the discharge of the liabilities of the society. Kericho County Subsidiary Legislation, 2018 1] (2) Any asset that may remain after discharging the liabilities of the society, including repayment of the share capital representing a balance of the reserve fund, may be applied to some object of local or public utility as may have been selected by a general meeting of the society. (3) If within three months of the dissolution of the society a general meeting fails to select an object of local or public utility as provided under paragraph (2), the Director shall cause the funds to be deposited in a bank and the registration of a new society in the substantially the same area as that in which the dissolved society operated, the Director may credit all or part of the funds to the new society. (4) If within a period of three years from the date of deposit of the funds in a bank under paragraph (2), no new co-operative society is formed in substantially the same area, the Director may apply the funds to any object of local or public utility to be approved by the Executive Committee Member.

34. No loan shall be made to a member of a co-operative society Loans to members save in accordance with the conditions laid down for the making of such loans in the by-laws.

35. A marketing co-operative society shall pay its members— Payment of members produce. (a) For their produce within seven days after receiving the sale proceeds from the marketers; and (b) Not less than cighty percent of the gross receipt from the marketers,

36. The particulars of charge required to be filed pursuant to Forms of particular charge section 51 of the Act be in Form [X set out in the schedule to these Regulations and shall be accompanied by the instrument creating the charge or a copy thereof, certified to be a true copy under the seal of the society or under the land of some person interested therein otherwise than on behalf of the society.

37. The register and chronological index required to be kept Register and chronological index pursuant to section 62(4) of the Act shall be in Form XA and Form XB respectively set out in the schedule to these Regulations.

38. Upon registration of a charge, the society shall be issued with Certificate of Registration of certificate of registration of a charge as set out in the Form XI set out charges in the schedule to these Regulations upon payment of fee of two thousand five hundred shillings.

39. The certificate of satisfaction of charges shall be in Form XII Certificate of satisfaction of charges set out in the Schedule to these Regulations.

40. Where a receiver or manager is appointed pursuant to section Remuneration of Receiver or Manager 64 of the Act the Director shall determine his or her remuneration.

41.(1) The by-laws, annual returns, audited accounts and balance Inspectionof documents sheet of every co-operative society and register of charges shal! be open to the public for inspection at the office of the Director, upon payment of a fee as prescribed in Second Schedule, 12 Kericho County Subsidiary Legislation, 2018 (2) For every inspection made pursuant to section 67(2) of the Act the fee payable shall be as prescribed in the second schedule. (3) The Director shall, upon request and on payment of fee to be determined by him or her and not exceeding two thousand shillings for each copy supply certified copies of the by-laws, annual accounts and balance sheet of a co-operative society. Inquiry by the

42. (1) An inquiry held pursuant to section 68o0f the Act shall be Director concluded within a period of sixty days from the commencement of the inquiry. (2) The Director may pursuant to section 68(5)of the Act, appoint a chairman of the interim Committee. (3) The Committee shall implement inquiry report and prepare for society elections. (4) The expenses of an inquiry demanded by members of a particular society shall be borne by that particular society. (5) A copy of the report of an inquiry may be issued to any person upon application thereof and upon application thereof and upon payment of fee of two thousand shillings. (6) A person may appeal to the County Executive Committee Member against rejection of his or her application for copy of the report of an inquiry within thirty days of such refusal and a fee of one thousand shillings shall be paid on the filling of such an appeal. impromptu (Routine)

43. (1) Where the director exercises power pursuant to section 71 of the Act report of the inspection shall be filed with management committee within fourteen days of the conclusion of the inspection and the committee shall act in accordance with the recommendation, if any. (2) The Director may suspend the withdrawal of funds from any society bank account for a period not exceeding ten days pending or after an inspection. Publication of notice

44. A liquidator appointed under section 76 of the Act shall, in requiring submission exercising the power under section 77(1(a)), publish a notice in the of claims Kenya Gazette and in at least one newspaper circulating in the area in which the society whose registration has been cancelled operates, requiring any creditor or person having any claim against the relevant society to submit his or her claim to the liquidator within two months from the date of publication of the notice.

45. (1) The Liquidation Account shall be administered by the Administration of co- operative societies Director. Liquidation Account (2) There shall be paid into liquidation account— (a) all money realized in the Liquidation where a bank account does not exist at the commencement of the liquidation; Kericho County Subsidiary Legislation, 2018 (b) any unpaid claims on closure of liquidation; and (c) any surplus balance on closure of liquidation. (3) The following may be paid from the liquidation account— (a) claims, previously unpaid, subject to certification by the Director or a person nominated by the Director for purpose, within a period of two years from the dale of the closure of liquidation; (b) Distribution in any liquidation under paragraph (a) of this rule. (4) The Director may authorize, after expiration of two years from the date of closure of any liquidation, payment of balance of unpaid claims and surpluses from the Liquidation account into the Fund.

46. No co-operative society shall invest its funds in non-core Investment in non- core business business, except though a special resolution in a general meeting and approved by the Director in Form XIII.

47. (1) A person aggrieved by a decision of the Director under Appeal process sections 68, 72, 73 and 80 may within fourteen days appeal in writing to the County Executive Committee Member. (2) There is established the Cooperative Societies Appeal Committee (hereby referred to as the “Appeal Committee”) to be constituted by. (3) The Appeal Committee shall be an ad hoc committee and shall consist of — (a) the Executive Committee Member responsible for matters relating to co-operative societies who shall be the chair to the Committee; (b) the County Secretary appointed under the County Government Act, 2012 who shall be the chair to the Committee: (c) a County Legal Officer; (d) an Internal Auditor: (e) a member of the public who is knowledgeable in co- operative matters may be coopted: and (f) an Administrative Officer in the department of Trade, Industrialization, Cooperative Management, Tourism and Wildlife who shall serve as the secretary to the Committee. (4) For the avoidance of doubt, an appeal under paragraph (1) sha] only lie in— (a) appeal against refusal to register, deregistration or cancellation to registration; or 14 Kericha County Subsidiary Legislation, 2018 (b) appeal against appointment or order of a Liquidator. (5) The Executive Committee Member may, on the recommendation of the Appeal Committee— (a) confirm or reverse a refusal to register, deregistration or cancellation to registration; (b) confirm or modify the conditions imposed on appointment or order of Liquidator; or (c) any other matter that may impede the growth and development of co-operative movement in the county. (6) The Executive Committee Member shall give such directions to the Chief Officer as may be necessary to give effect to the order or decision. (7) A person aggrieved by a order or decision of the Appeal Committee may appeal to the Tribunal within thirty days of the order or decision. (8) The Tribunal may confirm, reverse or modify the decision appealed against, and make such orders and give such directions to the Executive Committee Member as may be necessary to give effect to the Tribunal’s decision. Kericho County Subsidiary Legislation, 2018 15

FIRST SCHEDULE FORMIA (r.4) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 APPLICATION FOR REGISTRATION OF A CO-OPERATIVE SOCIETY TO: The Director for Co-operative Management Department of Trade, Industrialization, Co-operative Management, Tourism and Wildlife County Government of Kericho Name of proposed co-operative sOCiety ...........ccsesseeeeeeeeees HOHE, ere Pires OT Oper soioiraysie santas ys oeaaiteainasSacvennpscaanan sheen dpe seseee ee TYPe OF BOGIES os. ccsicencesennntnsesesssesinnrecsesarscdaaeastwevseseesce paste Whether limited or unlimited liability is desired .........0........0.0c0000- Language in which the books and account will be kept .............000.2--- Name of person appointed to perform the duties of the secretary of the society Sires Titi rire Lie rie tee tt eee err ait eh trata ET trie ee ei eee Pree reer ee reer ee eee er errr rrr We the undersigned hereby apply for the registration of the society under the Act, and enclose four copies of the proposed by-laws in English | Name Occupation Age _| Contacts Signature Note: This Form must be forwarded by Ward/ Sub-county Co-operative Officer 16 Kericho County Subsidiary Legislation, 2018 FORM IB (rA) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 NOTIFICATION TO OPERATE A CO-OPERATIVE SOCIETY BRANCH WITHIN KERICHO COUNTY The Director for Co-operative Management, Department of Trade, Industrialization, Co-operative Management, Tourism and Wildlife County Government of Kericho Name of Co-operative SOCICHY.......sccscssisscssssstesssnsecesecsseceensateceesssereesstanseetesscsnnectteatinanens County of registration and registration MUMDET............-----seceeeceeeereeesteeeseerteneeusetseucesens Type Of SOCILY...cce.ecsecssesesscssevscstneisscsaisnccsesestssssesersenssennerssasrarsenesnstounsbsnneensecavecssnceeess Registered office and postal address...........cccssescessesssnevescsnenensenesnearansesteneacensenscarens TENE DRONE .c..cs<esvconsesenestnrosecetsasesnensnchiensssenenrtoanererens Ebr) QO GECRG ccs scisccscons ok tssnvns nesta noose an coamosaspnaoainse We the undersigned officials of the above co-operative society wish to notify you that we intend to open /operate a branch(s) in Kericho County Name Position Signature Kericho County Subsidiary Legislation, 2018 17 FORM IIA (r. 5(3)) COUNTY GOVERNMENT OF KERICHO Department of Trade, Industrialization, Co-operative Management, Tourism and Wildlife. Kericho County Co-operative Registration Certificate CERTIFICATE OF REGISTRATION KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 (Rule 4) PREVIOUS REGISTRATION No. CS/ .......---:sscaseceereeeeereees KERICHO REGISTRATION No. KCO/CS/........0.ccccccseeeseeeeee sees 1 hereby certify that the society under the name of and its by-laws have this day been duly registered By me in the Register of Co-operative Societies, in pursuance of the provisions of the Act 7 and the Regulations. TRIS eat dy OF casa steamy D0 mame a Director for Co-operative for Co-operative Management, Seal 18 Kericho County Subsidiary Legislation, 2018 FORM IIB (1. 5(3)) COUNTY GOVERNMENT OF KERICHO Department of Trade, Industrialization, Co-operative Management, Tourism and Wildlife. P.O. BOX 112-20200, KERICHO Kericho County Co-operative Registration Certificate CERTIFICATE OF PROVISIONAL REGISTRATION KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 (Rule 4) PREVIOUS REGISTRATION No. CS/ ........--.0.00-s0csseevecneceee KERICHO REGISTRATION No. KCO/CS/P/.....0..0060.050002s0seeeeeeee I hereby certify that the society under the name of and its by-laws have this day been duly registered By me in the Register of Co-operative Societies, in pursuance of the provisions of the Act and the Regulations. Hal camepeedteye + late,Baquente emer eresee yes Fier Director for Co-operative for Co-operative Management, L Trade, industrialization, Cooperative Management, Tourism and wildlife. Seal Kericho County Subsidiary Legislation, 2018 19 FORM Il (r. 8) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 CERTIFICATE OF AMENDMENT OF BY-LAWS We. see ne rete acaav4eteun pee nadcnronsume pane nenevarmeneenh ae sssr Oxemver ten Chairperson ANG SECRETARY OFF cvs vetaicesvcs secveeseserdadeccoskawsvassakcses cus jsseserescets Co-operative Society Limited hereby certify:- (i) that the enclosed amendment for the by-laws was made at a general meeting held INU vais-eom sig konuon cds tvesaurananesceuh bers (ii) that on that date there were........................s.... number of members’ in the society register of WhOM ..............0ccseeneeeerees were present in the meeting; (iii) is ON me, members voted for the amendment; (iv) that proper notice of the meeting and the proposed amendment were issued to all members of the society: (v) that a voting paper was duly issued to every member; (vi) that the amendment had received the prior approval of the Director. Chairperson Date Secretary aT WS Seg ne Re ee Official Stamp * Insert name of society. slation, 2018 20 Kericho County Subsidiary Legi FORM {V(r.14) , 2017 OPERATIVE SOCIETIES ACT THE KERICHO COUNTY CO- YEAR 2 .-ccceeeeeeeenereeeeer” ANNUAL RETURN FOR THE year) ths of the end of the financial (to be submitted within four mon y...------<:+ssrrretrrererreee ie Name of the Co-operative Societ -+0 Date of Registration.....-.--+++ 2 Registration Number ..-----++++» srersnsenerernennses erste 3 Registered Address .....---+-svvevr sr nen”n enee sesetssnentonemnatenerennnn 4, Type of SOciety..n.c-os-rerse se etenen lis cucexuseecswaveerecns raee 5 The liability of members is Wo each share held, (i) limited to the nominal value for e held: nominal value of each shar (ii) limited to ...... times the (iil) unlimited. ee SOCIETY iS «.2.---e-ceeenererserreeeete The number of members of the es” tereeses IS ..r--cenesvseedeerereosesnemeree The number of shares igUEM 88 Get ) eessecontennsens share 16 KSN, ..-..----rerenss The nominal value of one society may incu r in loans or deposits is KSh. The maximum liability which the as eeu seeweeeeengeeees by registered charges is of the society secured 10. The total indebtedness KSii. 2.0.04 meeting was BOM sapasestean~nnee> 11. The date the last annual general to the financial year from...-------++++++++ 12. Particulars of offices for - caqeseeunwnest ys are as follows: der Title of Office Name of Hol nsnnrsrancnnnrsnnnene Chait persom.......-.--<-se-rssese -cee-rerstecern scenen ennrs ene Vice Chairperson ......... Committee members ane aaa a accounts and balance sheet is filed. EO 13. A certified true copy of the audited Secretary/Manager *Delete as necessary. Kericho County Subsidiary Legislation, 2018 21 FORMV (r. 24) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 INDEMNITY TO A CO-OPERATIVE SOCIETY To: Terr ee eer ee eee eee) Dene eee eee et eer eee e nt tee ener eee ete teen eens KSh ND eeav ey CanTae ee Se SunceaNe eK eh oauTe Eee ia Fe De niniavsycvcaaaraeaseesncessees: SOIDEY Ad severally for myself and my legal personal representatives, successors and assigns hereby:- (a) Agree to keep you indemnified against all actions, proceedings, liability, claims, losses, damages, costs and expenses arising from action and omissions as a consequence of my role in the mismanagement of the resources of the co-operative society in my capacity as a member of the committee/board. (b) Irrevocably authorize you to offset the liability, losses, damages, costs and expenses by attaching my shares, deposits, personal property and other personal assets without prior reference to me; (c) Irrevocably authorize you to make any payments and comply with any demands which may be claimed from or made upon you under the said indemnity without any further reference to or further authority from me and agree that it shall not be incumbent upon you to inquire whether or not any dispute exists between myself and the beneficiary of the said indemnity and further agree that any payment in accordance or purporting to be in accordance with the said indemnity shall be binding on me and shall be accepted by me as conclusive evidence, that you were liable to make such payments or comply with such demands and further that you may at any time determine the said indemnity. (d) Irrevocably authorize you to: (i) debit my share/deposit account with KSh. ............... and to hold this amount as security margin against your liability under the said indemnity until such time as the same may discharge; {ii) and/or agree to undertake to deposit with you upon request made by you at any time until the same indemnity shall have been released such or other securities as may be acceptable to you in full or part of your liability under the same indemnity. Commissioner for Oaths. iary Legislation, 2018 22 Keriche County Subsid (r.26(1)) FORM VIA ACT, 2017 CO UN TY CO -O PE RATIVE SOCIETIES THE KERICHO IZATION FORM DEDUCTION AUTHOR anien tase orn ese = Ga pas tamnnss aces ereney— (Employer) ccusensiappscavecancserseen EDS MY SALARY/PROCE DEDUCTIONS FROM ...-++++ --1-neeesreteeene PI/No. «.. csenerserent? PD NO. Eicvanoucnnaguscoltsvetn you to make st eo e te e ss ettn hereby authorize ed to of PLO, Boxssscase s- n< ve rn se reeettt to be remitt sal ary /pr oce eds Of KSI...00<--+scercersrese be credited towards my deductions from my operative Society Ltd ., to cantedenieguerer essen” Co- The society ’S ma y adv ise you on any other deductions. said society From time to time the seceentes this <...-----+-+ Gay GOEvcsasexoneen¥eeeee DY cce Given under my hand ure Name I/D. No. Signat y Limited e ee Co-operative Societ esssesssensnnnrnnennt Coc; ChhairpersOm.sesssses Kericho County Subsidiary Legislation, 2018 23 FORM VIB (1.26 (3)) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 REMITTANCE RETURNS TO: The Director for Co-operative Management County Government of Kericho P. O. Box 11220200, Kericho ———————— Name of the Co-operative Society ........0...000 ccc cce see eteeeeee eee Registration Number) cece ccersse cosaccussecocevarscntueescessescss Eo NAM Pp wD Type Of Society) 2. uscc-viy.cecasecweeswav acne! vanarersosescseieseewes _— SBC SOU WANG 220 seals ty ch tn stamens agusewabie tne leneemtean pbteres — Name oF Employer. sss .ceccscaciousirenevivasvebs cieatesupeatcaaweresess Last payroll deduction remitted .................. (month and year) Number of months in arrears.........6.0...c0ssseecseseseectecsesneres Amount expected for current payroll deduction KSh ............. er Amount remitted as per (8) above KSh ............ cece eeccee eens iG, Shortage Excess (8-9) KBR co ects oseiewsAbevesccaseleccaenes 11. Amount out-standing with employer (cumulative) KSh ......... Chair/Manager Official Stamp .. ieasreoeOccatesva 24 Kericho County Subsidiary Legislation, 2018 FORM VII (s49, r. 27) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 NOMINATION FORM TO:The Chair, Bae See dhe daemon ae eyes ee Co-operative Society Ltd. POE BOK wisiucvsscsvcien Li) estisrcsmmncanetaneuuaesc WE) NOG a ecsescepeeeen , of Post office BOK cs sgsctexcsscaee Member of Co-operative Society Ltd; being member No.. ~- hereby nominate the following nominee(s) to inherit my shares or interest in the said Society i in the following manner: - Name of Nominee(s) Relationship % of Share/Interest — wv} nr] S} Witnessed by:- 1 I/D No... M/No AOR ORG x ooo. sseeetaeeeeet BIBRA oe csincinn neuen srsdhsevevcessexs Dales Up denser Suervernoee gineeceerieeeee TAD NOs... sides ccsesel MINO, .....-....2- BSR «ses nvsncccesnenstvnccens BIGAANITE se cisscesstesieccnerserewasenaeese Given under my hand this ...... day of Bla dsscceoeasseasess DUANARING 5. < sc0u dsscspevere vaceccwedenesceecrnetnacbenmeginvestueditatesenve Oibhrcial Star iis cscs ccssisss cin ccstcciaemnoeres ee Kericho County Subsidiary Legislation, 2018 25 FORM VIII (7.28 (2)) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 NOTIFICATION OF LIMITATION OF BORROWING POWERS TO: The Director for Co-operative Management D County Government of Kericho Name of the Co-operative Society .......2..0.cccsececseecuccesssscerscsenserens Repistraticn Numbers. - 1. ..ccnes crvceces cecenncveeesnvevedts <eekarsnncsremersters This is to inform you that at a duly convened annual general meeting of the above society HOM ORME ccc cece nnacvencoumarconss CBP OR oc ocgeccncticeceessns Docc secs the following resolution was passed:- “That the maximum liability which the society may incur in loans or deposits from non- members shall be shillings (in words) On the date of the annual general meeting of members, the society had ............... Fully paid members and there were ............... members present at the meeting of whom voted in favour of the resolution and ......... against. I hereby certify that the particulars contained above are correct. Signed 5s Se ee ne eee An erty pert ee ] ii ee eet ellen a ee A ae hee rp Secretary/Manager Otreial S teartapy so52cfsvassevecvessnceases csoennssaneesascectast 26 Kericho County Subsidiary Legislation, 2018 FORM IX. (r. 37) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 PARTICULARS OF CHARGE CREATED BY A CO-OPERATIVE SOCIETY TO: The Director for Co-operative Management Department of Trade, Industrialization, Co-operative Management, Tourism and Wildlife County Government of Kericho P. O. Box 112-20200 Kericho Name of the Co-operative Society ..........---.::::eeeeeeeeeceeseeseeens Registration Number ............2.-..:ce2seeceessseenerscnsn est eaneneny eenerr ssnsecnserancennr aveseneese Date and description of the instrument creating or evidencing the mortgage or charge Amount secured by the mortgage or charge KSH. ..........-.......22:0eeeeseee- Short particulars of the property mortgaged or charged:- katte? cae gueteecdeneeeeseneeey seueceensts600iwedn ie COPS COCR MLSs seal ees tee ethane ecenee es ene ee caseseens eee NNN e Wane nen ees See esas a ees eee se eee eee eens eee essere eee eee see ee cece e cede ee See eae ePd bene ees o5s es C ES reels wkd e Oe ESTP Oe ee TE ee ee aS leweek sGdwcdwallcbecdeese's se Soa cn CE KER Rae Lee hh ae Ess e0eeSessadegiers erst = *sekesatsen st hes acme saan eee etre te oyh'su 0 eudiaweeeseeeeueendeseeeseescrrrren=sb Signed .. Secretary/Manager Official Stamp . . . .-.- . -c cs se sesese es eaberansessatis Kericho County Subsidiary Legislation, 2018 27 FORM XA (r. 37) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 REGISTER OF CHARGES Natit df Re CO pOMVe SOCIERY ..5.5<cacnscexnsveremrectsnrrsessiitty ben fnerversietestemetiseness Resistration: Num cocci sscs cs isscnese weiss oauacnaw leek sasen eens wea neabeaptaamn aE FRACS ts Cabat STEEN OSE STEM NORE noe 0 er nals soeale arp eles enerine s nemnan sonar en sveaerna cian ee Amount secred by the Chaipe KSI cc cecccscssacescwicorsacercvessereesawerrsesamteveenwaedes Particulars of the property charged:- Ser Pee ee te ee ee ee es ee Te eT Tr Te ete ee ee ee eee ieee ey er ee Date of registration cnccscceecsescturecesstradeceenancestens SiMe cscs cess eg sees Tel dee ots Wei GEATCIIET Of SAU STREH ORs cciicese cotta ncaa caseawerdsesnceassnsonaemennonessncounase.cwahaneaies Piste GF GiSCRATSE cacssnnanescunecna xvas case Geert ee Pena EEE Pe eae ees Dated this 2.2: csisecewsien day Of sacan. DOs eece pia tinu cess Signed Director of co-operative Management 28 Kericho County Subsidiary Legislation, 2018 FORM XB (r. 37) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 CHRONOLOGICAL INDEX OF CHARGES eras ING aac cnca dance eke Sam aaa ee OnE EG a EE OR CUE daa a wea Rea wep RE Register of charges fOlI0: NO. .......0.csssensceeseseeenaeseeaseceesassioanceters seseinsreeeneenses Person entitled to charge.........-...:ecsseseensenesestedinetscdteesansgucssaeeversersgeewereses Name of society creating the Charge.......-...-:+-resseevececsreeerecrececseneneestqueeeneren eS ee ey er errr rer eT eT TTT TT rer rere eee eee WR GANRGE i sososs Ge cae ne oa WOES TEER Seo gee aA eeg EN casas veapnassenedenyeawuettanewns a ble oab Sa eS esc ee eee Oh SEA s pene 6 weet e te ce ween ssesetheeeecesse sets eesss ese het rhe seceet eres tees eee e seen ee see eek pee eee res este esse eeeh ee ses cc cce eee e see 85 e eke Kee ees Ss: eee ee ede ste ee eh es ened een essences eee bers seehesed Kericho County Subsidiary Legislation, 2018 29 FORM XI (r. 38) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 CERTIFICATE OF REGISTRATION OF A CHARGE WP ccuceccgui tase sie bat eeaseva st Jieie re EOE ease owewens Pree eer eer eee rere eee eee eee ee eee ee ee eee Portree Teer TTT Terre reer er eee ee eee ee eee eer sy Naitic Of the C0-OpOraiVE SOCIEEY Se0ccciscencencxensesenavennvenaserincenguesebavecnanqeacesavensar ROOGIERCOR: TENET a.an'ccs casiew peepee bua\eeauenesW'saluapuias tavessasiesecousueys iauaublsudacens Date and description of the instrument creating or evidencing the mortgage or Pre P ere rrr Ce ewer cee eee errr ries errr ee Ter te eee ee eee etree eee ey Amount secured by the mortgage or charge KSN.............cecesceceeececereseseeeseeeeceess Short particulars of the property mortgaged or charged: PTLLTI Xe TTT ee ee oe Perret Sree eee TT eee reer ir rr ess TUTTI TTT Tiki eT Le Te TTL TESTE TERT TTT TTT Leh ree eae TS POPP eer rr reer rrr eerie eT tT rere ete rr eter rere er rrr ert tet eee ee rer eee ree eee ree ee er eee ee eee rr errr eee ee ee Peery eile rT Tiere eee ete et ete TL ri ceo Cn tite irr eri ree eee Tree) Director for co-operative Management 30 Kericho County Subsidiary Legislation, 2018 FORM Xi (r. 39) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 CERTIFICATE OF SATISFACTION OF CHARGE To: The Secretary ee ee tei anes Co-operative Society ltd PQGBOX cirssiecinse scwcd caticectwesupeanreceeeeems Name of the co-operative sOciety <q... cveceseccesesecassorccecocncepeessgenesesseseees REGSrAtlOR HODES oo savencncnscevvarnaeencescsxcerceesewecuransserencere soemereansene Date and description of the instrument creating or evidencing the mortgage or PTET TITT TTT Tee ee eee ee Peeereer errr eee ree eee Director for Co-operative Management Kericho County Subsidiary Legislation, 2018 31 FORM XIII (r. 46) THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 APPROVAL FOR INVESTING IN NON-CORE BUSINESS TO: The Chair serestsssesereeeee CO-Operative Society Limited funnies Kericho FR Era ISPSRARECOTA TE MRIEN NOE seep cas d= eases has cso viens ca pd aad Toes ob vt eg RHF RNR This is to inform you that following your members resolution to undertake activity Porites At the duly convened Annual/Special General Meeting held on the ........... day of sousenenssunnbll GERM laa irterte where the above resolution was passed:- “That you invest in the said activity Approval is thereby granted for the resolution and the same should be undertaken within the limits of the resolution Director for Co-operative Management Official Stamp cess. , 32 Kericho County Subsidiary Legislation, 2018

SECOND SCHEDULE THE KERICHO COUNTY CO-OPERATIVE SOCIETIES ACT, 2017 FEES AND CHARGES S/Ne. Activity Charges Rule No. (KSh.) Licensing fee for registered co-operative 2.000 4(3) societies registered outside the county Registration fee for a Domestic co-operative 3,500 5(1) Society issuance of replacement original certificate 2,000 $(2) Co-operative Society Filling appeal for refusal to register fee 1,000 6(2) Amendment of Bylaws fee 1,000 8(4) Application for Audit approval fee 3,000 16(1) Audit supervision fee by approved private 10% of fees 17(4) auditors charged Audit supervision fee by county government 100% of fees 17(4) auditors charged Issuing Certificate of Registration of Charge 2,500 38 fee Miscellaneous charges— (a) Inspection of Register of Charges by any 1,000 40(2) person; 1,000 » 413) (b) Issuing of Certified copies of Bylaws; 1,000 41) (c) Issuing of Certified Copies of Annual 1,000 41(3) Returns: (d) Issuing of Certified Copies of Audited Accounts and Balance Sheet. Conducting of an Inquiry Variable fee 42(2) depending on size of society Issuing of inquiry Report fee 2,000 42(5) Filling of Appeal for Inquiry Report refusal fee 1,000 42(6) Made ion the 14th May, 2018. PHILIP MASON, County Executive Committee Member, Trade, Industrialization, Co-operative Management, Tourism and wildlife. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI