Page 53 - SACCOStar Mag Vol 46 Press_txt.pdf
P. 53

LAW

ASK THE LAWYER

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                                                              Dear Scholar,
0DULH0RPEDVD                                              No. An individual cannot own a SACCO. This is because
                                                              a SACCO is an organization established by a group of
    Dear Marie,                                               people with a common bond for a common purpose.

    It is not mandatory for SACCOs to join apex unions.   What is the process involved in transferring ones capital
                                                          VKDUHVIURPRQH6$&&2WRDQRWKHU",ZRXOGOLNHWR
    3GDADMD?SNEINHMHMF@ODWTMHNMRHRSNOQNLNSDSGD  transfer mine
    organization and development of viable SACCOs,        2JROOD1DLUREL
    disseminate information concerning SACCOs and
    co-ordinate their operating methods and practice to       Dear Ogolla,
    maintain basic uniformity. The unions also promote        There are two options. You can give notice of termination
    DCTB@SHNMSQ@HMHMFNELDLADQRN?BH@KR@MC              and make an application to your current SACCO to transfer
    employees of SACCOs. Apex unions also act as local        XNTQRG@QDB@OHS@KSNSGDMDV2 "".G@UHMFMNSH?DCSGD
    and international representatives and mouthpiece of       new SACCO that they will receive funds from the previous
    SACCOs.                                                   SACCO. Alternatively, you can seek for refund of your
                                                              share capital from your current SACCO then personally
If you would like to air out an opinion / want to             submit the same to the new SACCO. However, the process
contribute towards the Co operative Bills and                 L@XCH?DQEQNLNMD2 "".SNSGDNSGDQCDODMCHMFNMSGD
UHJXODWLRQVIRUH[DPSOHWKH0LVFHOODQHRXV6$&&2              by-laws. I advise that you read the by-laws of your SACCO
Law 2018, where do you start. I would like to                 and exhaust all the available procedures therein on how
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                                                                                                        Jackline Omolo,
%HQHGLFW.LDPEX                                                                                      Advocate of the High Court of Kenya

    Dear Benedict,                                                                                         [2 "".2S@Q,@F@YHMD

    The right for public participation is founded in
    Articles 118 & 119 of the Constitution of Kenya
    2010. Once a Bill has been tabled for the 1st
    Reading in parliament, The Parliamentary Service
    Commission makes a public invite for persons
    interested to attend and make their submissions/
    contributions. These adverts are usually in the
    newspaper or can be viewed in Parliament’s website.
    Kindly lookout for this and make your contributions.
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