The Cooperatives Bill, 2024

9 Feb 2024 domainNational Assembly No. 7 of 2024 Gazette: Supplement No. 32
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Status Timeline

Proposed

Done ยท 17 Sep 2026

Public Review

Done

Debate

Done

Executive

Active now

Final

Pending

1

A New Four-Tier Cooperative Structure

Clause 19 establishes a clear four-tier hierarchy for cooperatives in Kenya:

  • Primary Cooperatives: Formed by at least 10 individuals to promote common socio-economic interests (Clause 20, 29).
  • Secondary Cooperatives: Restricting membership to primary cooperatives to handle aggregation, processing, and value addition (Clause 22).
  • Cooperative Federations: Formed by at least two secondary cooperatives to set subsector standards and codes of conduct (Clause 23).
  • Apex Cooperative: A single national body representing the interests of cooperatives locally and internationally (Clause 24, 25).
2

Devolved Administration and Inter-Governmental Coordination

The Bill splits supervisory duties between the national and county governments:

  • Office of the Commissioner: A national office responsible for the registration, growth, and general regulation of all cooperatives (Clauses 6, 9).
  • Office of the County Director: Appointed by county governments to supervise and inspect local primary and secondary cooperatives (Clauses 11, 14).
  • Inter-Governmental Cooperatives Relations Technical Forum: Established under Clause 16 to coordinate cooperative activities and policy proposals between the national and county governments.
3

Stricter Reporting, Audits, and Financial Management

Cooperatives face rigorous financial obligations under the Bill:

  • Must keep books of accounts compliant with International Accounting Standards (Clause 55).
  • Board of directors must cause financial statements to be audited within 4 months after the end of the financial year (Clause 55(8)). Failure to do so leads to the automatic loss of board seats and a 3-year ban on re-election (Clause 55(12)).
  • Requires employers to remit deducted employee contributions within 7 days, under pain of paying compound interest at 5% per month on unremitted sums (Clause 73(1)).
4

Severe Criminal Penalties for Misconduct and Fraud

The Bill introduces stringent penalties for administrative and criminal offenses:

  • A general penalty of a fine up to KSh 1 million, imprisonment up to 5 years, or both for offences without specific penalties (Clause 162).
  • Falsifying documents, concealing property, or fraudulent trading during liquidation carries fines up to KSh 2 million and/or imprisonment up to 5 years (Third Schedule, Paragraphs 1, 4).
  • Unlawful use of restricted terms like "Cooperative", "Sacco", or "SICO" is punishable by fines up to KSh 500,000, up to 5 years in prison, or both (Clauses 41, 42, 43).

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