1. In relation to officers:
Section 3 of the Cooperative Societies Act provides for officers of cooperative societies:
(i)There is a Commissioner for Cooperative Development who is responsible for the growth and development of cooperative societies;
(ii)There shall be such number of Deputy Commissioners for Cooperative Development and other officers as the Minister may deem fit to be appointed by the Public Service Commission
(iii)There is a Registrar of Cooperative Societies
(iv) There shall be a Deputy Registrar of Cooperative Societies and such number of Assistant Registrars as may be necessary for the purposes of the Act. The Commissioner and the Registrar are public officers designated by the Minister for that purpose.
(v) The Minister may by notice in the Kenya Gazette and without prejudice to the power of the Registrar or Deputy Registrar to exercise such powers or perform such duties, delegate any of the powers or duties conferred on imposed on the Registrar to any Assistant Registrar.ov� � n � H�� and subject to any direction from a general meeting of the society and its bylaws, it shall direct the affairs of the society with the following powers:
A. To enter into contract;
B. To institute and defend suits and other legal proceedings brought in the name of or against the society;
C. To do all other things necessary to achieve the society’s objects in accordance with its bylaws.
The committee shall ensure that any payment made by cheque has been signed by such officers as the bylaws authorise and the committee shall also be responsible for the custody of all monies belonging to the society. It is required to hold regular meetings at which the following are done.
1. The minutes of its previous meeting are considered and confirmed;
2. The accounts bank books and cash in hand are scrutinised and checked and its observation thereon recorded in the minutes;
3. Any loans due and owing to the society are considered and any action considered necessary in respect of such loans is authorised and recorded in the minutes; and
4. Any current business is conducted.
It is the committee’s responsibility to send annually to the registrar the audited balance sheet of the society and annual return. It is further required to keep available for inspect at the society’s registered offices the following documents:
(a) The Certificate of Registration;
(b) A copy of the Act, rules and registered bylaws;
(c) A list of members and
(d) A list of Officers.
In the conduct of its affairs committee members are required to exercise the prudence and diligence of ordinary men of business and shall be held jointly and severally liable for any losses sustained through any of their acts which are contrary to the Act, the Rules, the Bylaws or the directions of any General Meeting. It may delegate any of its duties to an officer or officers of the society but such delegation shall not absolve it from its responsibilities of running the affairs of the society in a proper and businesslike manner.