Page 49 - FULL MAGAZINE - KUSCCO.indd
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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 "".
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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.
,DPDPHPEHURID6$&&2DWP\FXUUHQWSODFHRIZRUN
DQGKDYHUHVLJQHGWRWDNHXSDQRWKHUSRVWLQDGL? HUHQW The Co-operative Societies Act at Section 17 provides
RUJDQL]DWLRQ7KHRWKHURUJDQL]DWLRQKDVD6$&&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

