Marriage in Kenya: Bring original and copies of the Identity Cards or Passports of both parties. Complete Notice of Intention to Marry form and pay Kshs.200.

The Notice runs for 21 days.

1. In the event that either one or both parties are widowed, the Death Certificate of the departed spouse and a copy must be produced.
2. In the event that either one or both parties are divorced, a Divorce Decree Absolute must be produced.
3. Should the documents be in any language other than English, an official English translation must be attached.

After 21 days, the couple completes the affidavit under S 11 of the Marriage Act, gets it commissioned by the Registrar and completes a Marriage Certificate Form.

They pay Kshs.1, 500 and then book a date for the marriage. The marriage must take place within three months from the date of giving the 21-day notice.

SPECIAL LICENSE

In the event that parties, for a very good reason cannot give the 21-day notice, the Registrar of Marriages has the discretion to waive the Notice.

This is not a right and can be denied.

REQUIREMENTS :

• Valid Identity Cards or Passports will be the only accepted forms of identification. If a person has any other form of identification, he/she MUST give the 21-day notice.
• Death Certificate of spouse if widowed and Divorce Decree Absolute if divorced.
• Documentary evidence of reason why notice cannot be given e.g. invitation letter from an Embassy inviting the applicant for an interview on a specific date.
• Completed Application form.
• If application is approved, a fee of Kshs.6, 250 is paid.
• A marriage date is then booked.
• A Special License is also required if the wedding is to take place in a place other than the Registrar’s Office. It is applied for after. Notice has been given. A fee of Kshs.10, 250 is payable.

All couples must bring two witnesses on their marriage day.

REGISTRAR CERTIFICATES AND SPECIAL LICENSES FOR PERSONS GETTING MARRIED IN CHURCH UNDER CAP 150, THE MARRIAGE ACT

• Where couples get married in church under Cap 150, Notice is given both in church and in the Office of the Registrar of Marriages. After the Notice period of 21 days, a Registrar’s Certificate is issued by the Office of the Registrar of Marriages and taken to the Church Minister who shall officiate the ceremony. The notice is given at a fee of Ksh.200 and the Registrar’s Certificate at Ksh.300.
• A Special License is issued if the couple cannot give the required three weeks notice and the fee is Kshs.5, 050 if a church minister shall preside.
• Where the ceremony shall take place in a place other than a church or Registrar’s Office e.g. a garden, hotel e.t.c. a Special License is also needed to license the venue for a wedding even if Notice is properly given at a fee of Kshs.5, 050.
• A church minister must have either a Registrar’s Certificate or a Special License from the Registrar of Marriages to perform a wedding under Cap 150.

CHURCH MINISTERS PLEASE TAKE NOTE

All non-Africans must get married under Cap 150, The Marriage Act because the African Christian Marriage & Divorce Act, Cap 151 which most churches use, does not apply to non-Africans.

The marriages of non-Africans married under this Act are null and void.

CERTIFICATES OF NO IMPEDIMENT UNDER CAP 150, THE MARRIAGE ACT

These are issued to Kenya citizens wishing to have their marriages, either to Kenya citizens or foreigners performed abroad. The certificate conforms that the applicant is single and has capacity to enter into a marriage.

The applicant completes the application form and attaches a copy of their identity documents. A fee of Ksh. 5,000 is payable.

Applicants living abroad may channel their applications through Kenya ‘s missions in their countries of residence. The fee is paid there and the form completed. The mission then forwards to the Registrar of Marriages in Nairobi , the receipt conforming payment, a duly completed form and an authenticated copy of the applicant’s passport.

Where the applicant’s home district is Nairobi , notice of the application is displayed for 10 days, giving anyone with an objection to the intended marriage opportunity to raise his or her objection.

After 10 days, the certificate is prepared and collected by the applicant or forwarded to the mission through whom the certificate was applied.

Where the applicant’s home district is not Nairobi , a letter is sent to the District Commissioner (DC) of the applicant’s home district, requesting him to display the notice of the intended marriage on his notice board or do investigations through the Chief of the applicant’s location on the marital status of the applicant. The DC then writes to the registrar and if no legal objection has been raised, the certificate is prepared in the usual way and dispatched through the usual channels.

CHURCH MINISTERS LICENSING, ISSUANCE OF MARRIAGE BOOKS AND FILING OF RETURNS UNDER CAP 151

The Office of the Registrar of Marriages licenses church ministers to perform marriage ceremonies and issue marriage certificates.

Any duly registered church can apply for the licensing of its minister(s).The application letter has to be on the official letterhead of the church and signed by an official of the church i.e. registered office bearer. The church must ensure that its annual returns are up-to-date before making the application.

A license for the minister is then prepared, signed and sent by post to the church or collected by applicant’s agent. A gazette notice is also prepared alongside the license and the licensing of the minister sent to the Government Printer for gazeting in the Kenya Gazette.

Marriage certificate books are sold at Ksh. 20,000 for a book containing 100 certificates. These are only sold to duly registered churches that have a licensed minister and after conforming that returns from the previously bought book have been returned to the Office of the Registrar of Marriages.

Within seven days of conducting a marriage ceremony, a minister is required by law to file the duplicate marriage certificate with the Registrar of Marriages. It is the duty of the Registrar to maintain all records on statutory marriages in the country.

NB: All changes are subject to change upon gazettement in the Kenya Gazette. in the Kenya Gazette.

Department of Registrar-General, Nairobi , Kenya .

Tel: (254) 020 – 227461, ext 37180/37015,

Fax: (254) 020 – 225515

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THE COMPANIES ACT (CHAPTER 486)
COMPANY LIMITED BY SHARES
MEMORANDUM OF ASSOCIATION
of
ACCELON KENYA LIMITED

1. The name of the Company is

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THE COMPANIES ACT (CHAPTER 486)
COMPANY LIMITED BY SHARES
ARTICLES OF ASSOCIATION
of
***** KENYA LIMITED

1. The regulations contained in Table A in the First Schedule to the Act shall not apply to the Company.

2. In these Articles, if not inconsistent with the subject or context:

(a)

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Societies in Kenya are registered under the Societies Act Cap 108. A society can either be registered or exempted from registration.

An exempted society is one whose procedure is the same as that of a registered society but differs in that it is not required to file in Annual Returns with the Registrar of Societies as is required of registered societies. Subject to the special provisions as to exemption from registration contained in Section 10 of this Act, the Registrar may by writing under his hand, exempt any specified society from all or any of the provisions of this Act or any rules subject to such conditions, if any, as he may think .t, and may at any time cancel any such exemption or amend any such condition.

NB: Exemption of a society is purely at the discretion of the Minister.

FUNCTIONS OF THE REGISTRAR OF SOCIETIES

To register societies under the Societies Act (Cap 108) e.g. political parties, churches, welfare associations, charitable societies, sports associations, private members clubs.

PROCEDURE OF REGISTRATION OF A SOCIETY UNDER SOCIETIES ACT CAP 108

The applicant collects the application forms from the societies counter free of charge. These forms are forms A, B and a specimen of the societies constitution. The said application shall be for registration or for exemption from registration under this Act. . The applicant submits duly filled forms and their society’s constitution in duplicate accompanied by a registration fee of Ksh.2,000

A file is opened and the application is entered in a counter register entering in the register the name of the society and date of submission. The application is considered by the Registrar within a statutory period of not more than 120 days. Upon registering a society or exempting it from registration, the Registrar shall issue to the society a certificate of registration or exemption in the prescribed form.

If an application does not comply with the societies rules, the registrar shall issue a Notification of Refusal. Upon refusal, applicants may appeal against the refusal within 21 days or such period as the Minister may allow in the case of a non-political society. An appeal for a political society lies with the High Court under the same Section 15 of this Act.

Every registered society shall furnish the Registrar annually, the Annual Returns of the previous year by latest 31st March by filing in the prescribed form I and at a prescribed fee based on the number of members.

A notice in the prescribed form II of any change of officers, or of the title of any office, of a registered society shall be given to the Registrar within 14 days of the change and the notice shall be signed by three of the officers of the society. Failure to file the said Annual Returns under Section 30 of the Societies Act by the registered society shall be an offence and the registrar has the power to deregister the society by issuing a notice of the intention to do so though form G(1). If the registered society does not show cause why it should not be deregistered within the specified period, the registrar shall cancel the registration though form G (2).

In the case of a registered society which wishes to amend its name, or its constitution or rules; or becomes a branch or affiliated to or connected with, any organization or group of a political nature established outside Kenya, or dissolve itself, the society must :-

• Obtain permission from the Registrar to do any of the said changes and must get the consent by putting an application in writing to the Registrar which must be signed by three of the officers of the society.
• The said application must be accompanied by a copy of the minutes of the meeting at which the resolution to make such change was passed, certified as a true copy by three of the officers of the society, and the application shall be delivered to the Registrar within 14 days after the day on which the resolution was passed. In the case of an exempted society which wants to amend its name or objects or becomes a branch of or affiliated to or connected with any organization or group of a political nature established outside Kenya or dissolves itself;
• Shall within 14 days from the date of effecting such amendment or other matter as aforesaid give to the Registrar notice there of in writing signed by three of the officers of the society. Every registered society shall, at least once in every year, hold a Annual General meeting to which all its members shall be invited, which meeting will be carried out as per the societies registered Constitution.

SCHEDULE OF FEES

1. Notification of change of postal address – Ksh.500

2. Notification of change of officials – Ksh.500

3. Annual Returns

• Where the membership does not exceed 25 members – Ksh.200
• Where the membership does not exceed 25 but does not exceed 100 – Ksh.300
• Where membership exceeds 100 but does not exceed 1000 – Ksh.400
• Where membership exceeds 1000 – Kshs.1000

4. Certified copy of a certificate – Ksh.200

5. Application for Amendment – Ksh.200

6. Application for Dissolution – Ksh.500

7. Application for confirmation letter of societies officials – Ksh.300

8. Search – Ksh.200

Department of Registrar-General

Sheria House, 2nd Floor P.O.Box 30031 00100, Nairobi , Kenya . Tel: (254) 020 – 227461, ext 37180/37015 Fax: (254) 020 – 225515.

SOCIETIES REGISTRY

Tel: (254) 020 – 227461, Ext 37394

Head of Section……………Ext 37398

Hire Purchase……………….Ext 37392

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Theft of confidential information and trade secrets can be just as damaging to your business as embezzlement or other employee fraud. Help protect your competitive advantage with these tips.

Buy paper shredders…and use them

Be careful when you are throwing out copies of sensitive or confidential documents.

These include: financial statements, proposals, customer information, reports, receipts, bills, invoices, etc.

Don’t just toss these in the trash. Shred them first. Putting them in the garbage unshredded opens up a range of security issues.

If your trash is not disposed of properly, these documents could easily end up in the wrong hands…or blowing down the street past your competitors. In addition, industrial spies have been known to go through garbage looking for confidential data.

Make shredding a company-wide practice-insist that your employees dispose of all papers this way.

Have a plan for terminated employees

Don’t let a disgruntled ex-employee become a security threat. Have a plan in place to keep a person from leaving your company with confidential documents. Some steps to follow include:

Use computer passwords

Require your employees to use passwords to access your computers or your network.

This will serve to keep unauthorized people away from important files.

Don’t let employees get lazy with their passwords – make them change them on a monthly basis.

Dissuade people from using features that “remember” passwords – this can make it easy for an unauthorized person to gain access to your system. Insist that users log off your network whenever they’re away from their desks, so unauthorized users can’t jump in from their workstations.

Have all employees sign non-disclosure agreements

Make sure employees understand that theft of intellectual property is as serious to your business as theft of physical property.

Use a non-disclosure agreement, or a non-disclosure clause in an employment contract, to spell out employees’ responsibilities regarding confidential or trade secret information.

Be sure you define what your company considers to be confidential.

This is critical, since it clearly differentiates which information belongs to your company and which belongs to the ex-employee.

The agreement also should outline steps the employee must take to maintain confidentiality, such as using computer passwords, not removing sales lists from the premises, not copying documents to disk, etc.

Keep tabs on your documents

Set and enforce strict procedures for access to confidential or trade secret information.

Create a hierarchy of access among your employees for sensitive information -allow only those who need certain information to see it.

For example, a sales rep may need customer contact information for his or her territory. But the rep does not need your entire client list, and does not need access to billing data. Label key electronic documents (such as your customer database) as “read only” so they can not be altered or written to disk.

Don’t tempt prying eyes

Don’t make it easy for people who aren’t supposed to see confidential documents to snoop.

Encourage everyone at your business to take certain basic precautions. Never leave documents lying around.

File things away when you’re done with them or when you’re away from your desk.

Lock your filing cabinet and your desk when you’re away. Close computer files when they are not being used and never leave a file on your screen when you go away from your desk

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Causes of corruption in Kenya include:

• Bad governance
• Political patronage\lack of political will
• Breakdown/erosion/perversion of societal values and norms.
• Non enforcement of the law.
• Tribalism, faviouritism, nepotism and cronyism
• Weak or absence of management systems,
• Procedures and practices.
• Misuse of discretionary power vested I individuals or offices.
• Weak civil society and apathy.
• Lack of professional integrity
• Lack of transparency and accountability
• Inefficient public sector
• Greed

Effects of corruption

These include:

• Poor infrastructure e.g. impassable roads, poor telephone network.
• Increased cost of goods and services
• Increased poverty.
• Shoddy work and stalled projects
• Poor medial services (e.g. lack of medicine and doctors)
• Reduced investments in our economy.
• Unemployment
• Rise in crime rate and insecurity
• Delay denial and sale of justice in our public land, property and utilities.
• Social unrest.
• Negative international image.

Benefits of fighting corruption

If we join hands infighting corruption:

Our economy will grow and:

• Increase public revenue.
• Create more jobs.
• Fund our social services.
• Improve our infrastructure.
• Provide better health care.
• Alleviate poverty.
• Improve our living standards.
• Make us stand proud among nations.
• We will have a caring society.
• Our resources will be used to develop the country.
• The crime rate will decline and we shall have improved security.
• We shall produce quality products at affordable prices.
• There will be increased investor confidence in our country
• There will be peace and stability in our country.

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Kenya Copyright Board

The Kenya Copyright Board is comprised of 17 members drawn from both the public and private sectors. From the Private sector, there are seven members representing the software, producers of sound recordings, publishers, film distributors, performers, broadcasting stations and audio visual industry. There are four experts on copyright and related rights and five representatives from the Office of the Attorney General, Commissioner of Police, Ministry of Information, Ministry of Gender, Sports and Culture, and the Ministry of Finance and an Executive Director.

History Of the Kenya Copyright Board

The Kenya Copyright Board was created as a statutory body by the Copyright Act No. 12 of 2001. The first Board was appointed in May 2001. Under the Act, the Board takes over the functions of what was known as the copyright section within the Department of the Registrar General, Office of the Attorney General.

Functions

The Board is mandated to administer and enforce copyright and related rights in Kenya . The Board may thus;

Direct, co ordinate and oversee the implementation of laws, international treaties to which Kenya is party to.

• Licence and supervise the activities of Collective Management Organisations
• Devise and carry out training and sensitisation programs on copyright and related rights in Kenya
• Update copyright legislation
• Maintain an effective database on copyright and related rights in Kenya .

Registration

Requirements

Original musical, literary, artistic, audio visual works sound recordings and broadcasts shall be eligible for copyright protection.

Procedure for Registration of Copyright Works

To be accepted for registration, a work must be original and must be expressed in writing or any other form. Originality in the Copyright sense means that the work must not have copied from somebody else.

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Companies in Kenya are regulated and registered under the Companies Act Cap 486 of the Laws of Kenya. Kenya

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Companies in Kenya: Proposed company name must be reserved pending registration (Name can only be reserved for thirty days). Application for reservation should be made in writing and be accompanied with the requisite fee.

1. Documents for incorporation of company (i.e. memorandum and ) should be drawn by a lawyer, who should submit the Articles of Association to the Registry together with the prescribed forms and fees. These forms are obtainable at the Registry.
2. All companies must appoint a qualified certified public secretary as company secretary
3. Certificate of Incorporation is processed within 7(seven) days of presentation of PROPERLY completed forms.
4. Refusal of registration is communicated in writing to the applicant.

NOTE: A registered company MUST forthwith comply with the requirements of the Companies Act, e.g. filing of Annual Returns.

REGISTRATION FORMS

Private Companies

• Particulars of Directors and Secretaries.
• Notice of situation of Registered Office.
• Declaration Of compliance.
• Statement of Nominal Share Capital form.

Public Companies

In addition to the above Forms, Public Companies must also submit

• Consent to act as Director of a company.
• List of persons who have consented to act as directors.
• Declaration that the provisions of sec. 111(2) b have been complied with Statement in lieu of prospectus.

FOREIGN COMPANIES

Required Documents

• Certified copies of foreign companies memorandum and Articles of Association and Certificate of Incorporation duly certified by a Notary Public.
• List of documents delivered for registration by a company incorporated outside Kenya.
• List and particulars of the directors and secretary of a company incorporated outside Kenya.
• List of names and addresses of the persons resident in Kenya authorized to receive service on behalf of a company incorporated outside Kenya.
• Notice of situation of registered or principal office or change therein of a company incorporated outside Kenya.

	ITEM	FEE	COMMENTS
	Registration of companies	Fees is dependent on the nominal share capital of the company(fees assessment can be obtained from the cashiers)
	Filing any form required to be filed with the Registrar under the relevant Act	200/=	N/B Default fee is payable if such form is not lodged within the prescribed period.
	Registration of charges	600/=
	Registration of debentures	600/=
	Filing of Annual Return	400/=	N/B Default fee is payable if return is not filed within the prescribed period
	Official search	600/=
	Filing of Resolution	1,100/=	N/B Default fee is payable if Resolution is not filed within the prescribed period.
	Foreign Companies	6800/=

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Corruption in Kenya – Under the anti-corruption economic crimes act, 2003, the following are corruption offences:

• Bribery and bribing of agents (employees).
• Secret inducements for advice.\deceiving the principal (employer).
• Conflict of interest.
• Improper benefits to trustees for appointment
• Bid rigging\abuse of office
• Dealing with suspect property
• Fraud
• Embezzlement or misappropriation of public funds
• Breach of trust
• An offence involving dishonesty in elation to:
• Taxes, rates or imposed levies.
• Election of persons to public office.
• Economic crime

Economic crimes consist of:

Unlawful acquisition, mortgage, and disposal of public property, service or benefit.

• Damage to public property.
• Failure to pay taxes, fees, levies or charges payable to a public body.
• Effecting or obtaining non-payments of taxes, levies fees or charges to a public body to which they are payable.
• Fraudulently making payment or excessive payment from public revenues for;
• sub-standard or defective goods;
• goods not supplied or not supplied in full; or
• Services not rendered or not adequate rendered.
• Failure to comply with applicable procedures and guidelines for procurement, allocation, sale or disposal of property; tendering of contracts management of funds or incurring expenditures.
• Engaging in a project without planning.

Punishment for corruption offences and economic crime

Administrative action.

• Suspension, on half pay, on being charged with corruption or economic crime from the date of the charge to conclusion of the case.
• Upon conviction suspension without pay from the date for the conviction pending appeal.
• Dismissal from service if the appeal is unsuccessful or the period during which the public officer should appeal lapses without an appeal being lodged.
• Disqualification from being elected or appointed as a public officer for ten years after the conviction.

Court

• Fine not exceeding one million shillings or/to imprisonment for a tern not exceeding ten years, or to both; and
• Additional compulsory fine if, as a result of the corrupt conduct the person received a benefit or nay other person suffered a loss that can be measured in money terms.
• The additional compulsory fine shall be two is the amount of the benefit or loss. If the conduct results in both a benefit and a loss, the mandatory fine shall be two times the sum of the benefit and the loss.
• Full compensation to anyone who suffers a loss as a result of corruption or economic crime.

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