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LAW

ASK THE LAWYER

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&KULVSXV.DJXWD1DLUREL                                          Dear Joy,

   Dear Chrispus,                                                 What is the common bond of your SACCO? How did you
                                                                  join it? A SACCO membership shares a common vision
   While it may seem unfair, these changes to the SACCO           and this is what the law protects. This ensures that the
   By-laws are made by vote at the AGM which you are part         membership are almost certainly known to one another
   of. Did you make your negation heard? Membership to            and do meet once a year at the AGM to make decisions
   SACCO is voluntary. Do look again at the terms of your         @?DBSHMFSGDHQ2 "".
'NVDUDQHEHMCDDCMNMDHR
   employment and your SACCO By-laws on how to exit the           known to you can get details of other SACCO members
   SACCO.                                                         by perusing the SACCO’s register and contacting the
                                                                  members.
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DQGKDYHUHVLJQHGWRWDNHXSDQRWKHUSRVWLQDGL? HUHQW        The Co-operative Societies Act at Section 17 provides
RUJDQL]DWLRQ7KHRWKHURUJDQL]DWLRQKDVD6$&&2WRR&DQ,      that no member of a co-operative Society shall exercise
RSHUDWHLQERWK6$&&2V"                                           any of the rights a member unless he has made such
                                                                  payment to the Society in respect of membership, or
7KHODZGRHVQRWSURKLELWDQ\RQHWRRSHUDWHWZRVDYLQJV          has acquired such interest in the Society as may be
DFFRXQWVLQGL? HUHQW6$&&2V                                    prescribed under this Act or under the By-laws of the
                                                                  Society.
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Dear Moses,                                                    Jackline Omolo,
                                                               Advocate of the High Court of Kenya
3GD2 "".@MCXNTQDLOKNXDQ@QDCH?DQDMSDMSHSHDR
 
SACCO is entitled to hold deposits, share capital, dividend
or interest payable to a member for any debt due to
the Society from that member. Refer to Section 36 of
The SACCO Societies Act , No 14 of 2008. Unless your
employer had guaranteed other obligations on your part to
the SACCO the withholding is illegal.

                                                               SACCO Star Magazine |47
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