COOPERATIVES IN KENYA: THE REGULATORY BODIES AND REGIMES


The role of Kenya National Federation of Cooperatives was to promote co-operative development; unite the cooperative movement; and represent cooperative interests on all matters of policy and legislation. Its overriding role was to be the spokesperson of the cooperative movement in Kenya. KNFC was the apex of cooperative societies, whose membership included national co-operative organizations as well as some co-operative unions. It is through KNFC that the Kenyan co-operative movement is expected to be linked to the world co-operatives movement[i].
Its main objective was to advance the growth of an efficient cooperative movement and to reinforce governance, transparency and accountability in the leadership of cooperatives[ii]. The KNFC broadcasts information in order to strengthen the corporate governance through an interactive website and radio program. This is aimed at contributing to development of strong and democratic member control for a vibrant and sustainable cooperative movement[iii]. This will also popularize cooperative model as the preferred vehicle for poverty alleviation, wealth and employment creation[iv].
Poor management, corruption and ethnicity became the main driving force on election of the board directors at KNFC. The Minister for Co-operative Development responded to the situation in May 2005 by dissolving the KNFC’s board of directors following an inquiry report that implicated the executive director in corruption and mismanagement. The institution was bankrupt and its property had been looted[v].KNFC was replaced by C.A.K (Cooperative Alliance of Kenya) that was established in 2009.
KUSCCO stands for Kenya Union of Savings and Cooperative Ltd. Some of the products and services offered to SACCOs by this body in Kenya are advocacy, risk management services, central finance fund, training, consultancy, corporate affairs and marketing.
With regards to advocacy KUSCCO plays a representative role as the support pillar to SACCOs in Kenya by addressing the needs, concerns and challenges facing SACCOs. The key areas of concern in its mandate are: unfair taxation, deduction codes, delayed or non remittance of SACCO, unfair competition by other financial institutions in the market and unjustified levies on SACCOs' and members' funds
KUSCCO has a Central Financial capital sourced from the regular deposits by SACCOs. It pays a reasonable interest on the deposits, which is disbursed quarterly to member societies. By subscribing to the KUSCCO Central Finance Fund, SACCOs in Kenya can enjoy the benefits from the fund’s products[vi] .
KUSCCO provides advice and underwrite risks for the cooperative movement by offering seamless hedging solutions to SACCOs and their members in Kenya. These include Insurance Covers like savings cover, loans cover, funeral rider, committee members and staff covers.
For individuals, specific benefits are its risk management services offered such as:
  • Prompt settlement of all loan balances of an individual member upon death, event of total and permanent disability
  • All subsequent new loans granted to members in any one given year are automatically covered without charging additional premiums;
  • Payment of the members’ total savings and deposits balances upon death;
  • Payment of agreed amount of funeral expenses for every deceased member;
  • Settlement of all advance balances and payment package balances of an individual member upon death;

 KUSCCO offers various education and training programmes, including Promotion of the education of savings and credit societies’ members in Kenya. The education and training programmes are delivered by various means, depending on the nature of the training and needs of specific SACCOs and trainees. Some of the methods  used  are: Lectures, case studies, experimental methods and hand-outs.
 KUSCCO offers a wide range of professional consultancy and advisory services to SACCOs throughout Kenya.  These services are delivered its Research and Consultancy Department, which was established in 1998 to provide practical solutions to savings and credit societies in Kenya.
The department of Corporate Affairs and Marketing is responsible for the provision of strategic direction for KUSCCO, media liaison, media monitoring, branding, marketing, advertisement, event coordination, SACCO affairs, corporate internal and external communication, recruitment of new SACCOs and affiliates, guest relations, and sourcing of new business ventures.

SASRA is commonly known as the Sacco Societies Regulatory Authority. It is a semi-autonomous government Agency under the Ministry of Industrialization and Enterprise Development in Kenya. It is a creation of the SACCO Societies Act of 2008 and was inaugurated in 2009 and charged with the prime responsibility to license and supervise Deposit Taking SACCO Societies in Kenya.
Some of the functions of SASRA include the following;
Ø  To license Sacco societies to carry out deposit taking business.
Ø  To regulate and supervise deposit taking Sacco societies.
Ø  To manage the Deposit Guarantee Fund under the trustees appointed under the Act.
Ø  To advise the Minister on national policy on deposits taking Sacco societies in Kenya.
Further, it ensures the implementation of the Sacco Societies Act and the Regulations put in place. It has the challenging mandate of not only ensuring that the Sacco industry is stable and more competitive but also ensure that it operates in a suitable manner responding to the ever changing financial needs of the citizens of Kenya and SMEs.
Specific licensing requirements for Sacco[vii]  are as follows;
Ø  Capital- Sacco’s are required to provide a minimum capital of kshs 10 million as reflected in their financial statements.
Ø  Fit and proper test- The director and the senior management of the Sacco are to be subjected to this test with the aim of this test is to vet their moral and professional suitability to be on the board.
Ø  Business plan - The Sacco should submit a four-year detailed and feasibility to study as well as a projected financial statement.
The main licensing steps include: Submission of the license application forms, Issuance of the letter of intent, Inspection Issuance of a letter of compliance within another 30 days, Issuance of the license at a fee, which needs to be renewed annually.
The sector plans under vision 2030 have identified challenges that need to be addressed in the cooperative sector and outlined the National Flagship projects and key support initiatives that are to be taken to address the challenges. SASRA will contribute to the national cooperatives sector flagship projects and support initiatives by developing and implementing relevant programmes and activities in the following areas;
1.      The Authority will be responsible for the development and implementation of a sound cooperative governance framework for the Sacco societies through effective licensing and supervision and continuous review of the existing regulations, policies and procedures.
2.      Increase Savings and Credit amongst the people.
3.      The authority will enforce the application of the management information system practices in the delivery of services to members of the Sacco societies.
4.      Research development in the Sacco sub-sector.
5.      Education and training in the Sacco sub-sector.

WOCCU stands for the World Council of Credit Union and it promotes the sustainable development of credit unions aforementioned around the world to empower people through access to high quality and affordable financial services.
World council advocates on behalf of the global credit union system before international organizations and works with national governments to improve legislation and regulation. In Kenya for instance the president signed into law a new legislation designed to regulate and support the countries credit unions, known as SACCOS. The bill, passed by the parliament in November 14 2008, was as a result of efforts by WOCCU. The new legislation provides updated frameworks for SACCO safety and soundness, as well as for the services they offer. The law grants the establishment of a regulatory authority for the country's cooperative societies that provide savings and credit services. It will bring greater order to a segment of the financial services industry whose regulations were previously lax. New regulatory provisions will establish a deposit guarantee fund, require SACCOs to meet certain liquidity requirements to remain competitive and enable SACCOs to offer money transfers and diversify revenue sources.
In addition World Council actively monitors and participates in the policy development of international organizations to ensure credit union interests are represented while global standards are formed. It has published a number of resources on drafting effective legislation, including Model Law for Credit Unions, Model Regulations for Credit Unions and a technical guide to Credit Union Regulation and Supervision.
WOCCU’s technical assistance programs introduce new tools and technologies to strengthen credit unions’ financial performance and increase their outreach. Its assistance programs have provided millions of poor and low-income people access to the array of financial services they need through credit unions, regardless of challenges posed by the operating environment.
World Council works with credit unions, their trade associations and regulators to drive savings mobilization and regulatory development while creating integrated business networks. It works with local leaders to develop tailored products and services geared toward microfinance, rural finance and Islamic finance. Unlike many microfinance technical assistance providers that focus exclusively on credit, World Council's approach emphasizes the mobilization of member savings as the primary source of financing. This savings-based approach allows credit unions to reach greater scale in financial service provision and instills a level of financial discipline that ensures long-term sustainability.
It and provides consulting services for regulatory system development and legislative reform. World Council also tracks international credit union statistics publishes the digital credit union world magazine, sponsor’s international credit union statistics each October and hosts annual regional technical conferences and the premier world credit union conference.
Some World Council members participate in World Council's international partnership program, which pairs credit union associations, leagues and credit unions with an overseas counterpart to exchange operational, outreach and advocacy expertise. World Council also provides consulting for its member associations undergoing change in cooperative or financial sector regulation.
WOCCU Services Group (WSG) invests in the development of credit union products and services offered through local service organizations that are jointly owned by individual credit unions and their associations. Credit unions are able to offer members shared branching, domestic and international remittances and cell phone banking services as well as additional access points through automatic teller machines (ATMs), point-of-sale (POS) devices at area businesses and personal digital assistants (PDAs) used by credit union staff during member visits.
WOCCU has created a number of web based and financial tools including its flagship PEARLS monitoring system, a set of financial ratios or indicators that help standardize terminology among institutions. The tools offer management guidance for credit unions and other savings institutions and can serve as supervisory tools for regulators.
C.A.K is an acronym for Cooperative Alliance of Kenya. It was registered on 22nd December, 2009, under the Cooperative Societies Act, CAP 490 of 2004. It is worthwhile to note that it came was the body that replaced Kenya National Federation of Cooperative Societies(KNFC) that had been in existence since 1964, but had been dissolved in the Kenya Gazette in 2009.
The C.A.K is the National Apex Organization for Kenya’s Cooperative Movements. The Cooperatives Societies Act defines an Apex Society as “a society formed at the national level by the co-operative movement in Kenya and registered under this Act to promote co-operative development and represent the interests of co-operative societies locally and internationally.”[viii]
The cooperative movement in Kenya is organized into a four-tier pyramidal structure that links up primary cooperatives at the bottom, secondary cooperative unions, national cooperative organizations and one confederation, CAK. 

Membership of C.A.K includes national cooperative organizations as well as some cooperative unions and primary cooperatives not affiliated to any union. The movement has more than 14,000 cooperatives as members, and more than a million individual persons.
The role of C.A.K can be summarized as:
1.      It is through CAK that the Kenyan cooperative movement is linked to the World’s cooperative movements.
2.      To lobby and advocate for a favourable policy and legal environment for cooperatives
3.      The minister has to consult C.A.K in reference to membership of the Cooperative Tribunal in Kenya when appointing three persons with at least ten years experience in the field of cooperative management and  practice  as required by Sect. 77 of the Act.[ix]
4.      The C.A.K also has a role to play regarding the Cooperative Development Fund as provided in sect 90[x], that the Minister  may,  in  consultation  with  the  apex  society,  prescribe  the manner of formation and maintenance of the Fund.
5.      C.A.K is also consulted in making of rules for the better carrying out of the provisions and the purposes of the Cooperative Societies Act.[xi]

Question B
SACCOs are unique co-operatives, warranting a separate legal regime for their regulation. Evaluate the foregoing statement, analyzing key provisions of this separate regulatory regime.
SACCO is an acronym of Savings and Credit Co operative societies. It is a unique democratic member driven self help co-operative, owned and managed by members[xii]. Usually, these members have a common bond e.g. working for the same employer, social fraternity and work in the same community. A Savings and Credit Co-operatives membership is open to all who belong to the group without discrimination.
The members agree to save their money together in the SACCO and to make loans to each other at reasonable rates of interest. Interest is charged on loans, to cover the interest cost on savings and the cost of administration. There is no payment or profit to outside interest or internal owners. The SACCOs aims at meeting the financial needs of all its members by encouraging savings and granting loans to the members.
Unlike cooperative societies, SACCOs are involved in savings of members contributions and lending loans to the members at fair rates as compared to commercial banks. Due to the high risks business involved and the need for confidence and certainty on members’ savings, SACCOs warrants a separate legal regime to that of Cooperatives.
SACCO’s required to make monthly reports of their capital adequacy. Regulation 53 requires the establishment of an internal audit function and establishment of an audit committee.
Other than Co-operatives Act, SACCOs in Kenya are mainly regulated by:
a)      SACCO Societies Act No. 14 of 2008
b)      SACCO Societies (Deposit-Taking Sacco Business) Regulations 2010

The institution charged with regulation of SACCOS in Kenya is SACCO’s Regulatory Authority (SASRA) established under Section 4 of Sacco Societies Act No. 14 of 2008 whose roles and objectives are enumerated there under[xiii].

In ensuring strict adherence with the rules,everySACCO Society is required to apply for renewal of a license at least ninety (90) days before the expiry of its operating license in respect of its head office and any other place of business. The expiry date for all licenses is usually 31st December every year whether granted within the year or not[xiv].

Since SACCOs are involved in lending and deposit taking from members, strict rules on liquidity policy needs to be taken into account. Unlike co-operative which hold money on behalf of its members at a period and later pays them at a particular time, SACCOs require liquid money at disposal always as members borrow money at different times. To ensure proper cash flow and liquidity arrangements,Section 13 (1) of Sacco Societies Act vests the responsibility of formulating, reviewing and adjusting the liquidity policy of the Sacco Societieson the Board of Directors of the SACCO

In order for the SACCOs to avert the liquidity crisis, section13 (2) of Sacco Society Act requires them to maintain fifteen percent(15%) of its savings deposits and short term liabilities in liquid assets[xv]. All loans in a Sacco should be classified and provided for[xvi]. Loan is a key asset of the Sacco and determines the operational success of the Sacco, thus to ensure efficiency of the Sacco, the loan quality should be paramount.

Since SACCOs operating a FOSA are usually involved in credit transaction with members, Section 29 requires them to have a written credit policy. This is unlike the Co operatives which if involved in credit transaction usually supply their members with the products and would later deduct from their proceeds after marketing especially in agricultural co operatives. On the other hand, SACCOs are involved on this business on daily basis and this warrants proper accounts and control. This control can be done through development of loaning procedures and documentation.

Advancement of loan facilities by co-operative to its members is usually in form of good or farm inputs. This is usually recovered or deducted in lump sum when the products are sold by the co-operatives. In case of other co-operatives, the objects of the loan is usually the reason for its formation and one does only what is required. With regards to the SACCOs, one can borrow money for different reasons. This exposes loans obtained from SACCOs to uncertainties and possibilities of default payments. This necessitates SACCOs to have more strict rules. The SACCO Board is required to determine their interest rates fees, penalties and ensure all the loans granted are fully secured.

Unlike co-operatives, SACCO societies can borrow each other to mitigate the short term liquidity crisis. This necessitates a legal framework for control. Section 33 of SACCO Societies Act allows Sacco Societies to borrow or lend each other for purposes of funding for member loans financing temporary liquidity short falls. In case of external borrowings, Section35 requires Sacco Society not to acquire external borrowings in excess of twenty five percent of its total assets unless the limit has been waived by the Authority. This ensures that SACCOs can repay their liabilities and avoids possibilities of insolvency while assuring members of continuity.

In case a SACCO society intends to introduce a new loan product, Section 34 requires the society to seek prior approval from the SASRA through an application. This is unlike the Co-operative Societies who may introduce their preferred products any time.
Directors and Sacco Society employees are also required not to use their position to further their personal interest. All loans to them are supposed to  be approved or ratified by the board of Directors .The rates, terms and conditions of any loan made to an officer, his immediate family member, or their business associates cannot in any way be favourable than those offered to other Sacco Society members[xvii].

 Ensuring that members of a SACCO society benefits, activities listed in Section 15 of Sacco Society Act are prohibits SACCO from certain acts like investing in enterprise capital beyond the prescribed limit among others[xviii].

Any person who contravenes the provisions of provisions under section 15 commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to Imprisonment for a term not exceeding twelve months or to both. Additionally, if a Sacco Society contravenes these provisions, it is liable to pay on being called upon to do so by the Authority a penalty charge sanction of one hundred thousand shillings. On the other hand, co-operative societies can engage in such transactions provided that they are in the interest of members and well provided in their agreement. This prohibition helps in reducing risk related ventures and fraud.

SACCO Societies are also prohibited from transacting business with non members[xix]. This is because the Societies are member-owned financial institutions and created to serve the financial needs and interests of their members. This legal nature accords them the fiscal benefits under the Income Tax Act (section 19A). This provision requires SACCO Societies to deal with members only. Conditions for membership are also required to be clearly defined in the by-laws of the society.
Since SACCOs are involved in very risky and intense business, the Act requires them to submit to SASRA SACCOs submit monthly reports for scrutiny. This ensures professionalism and security of investment of members since adherence to the guidelines will be upheld.Moreover, SACCOs are required to appoint a chief executive officer who will be on a monthly salary unlike today when co-operatives which are usually managed by a mid-level manager overseen by elected officials. The CEO and other managing staff are required to have skills necessary for running financial institutions, most probably with post graduate education on financial issues. This is because of the technical and risky nature of the SACCOs business.SACCOs are also required to have an internal auditor in addition to an external one unlike cooperative societies to facilitate proper management and seal any possibility of mismanagement.

With SACCOs involvement in day to day activities of receiving deposits, lending money and other banking activities, proper legislative and infrastructural arrangement ought to be taken into account. This is unlike co-operatives who utilize bank services while carrying out their activities. In order to ensure security of members’ assets SACCOs are required to facilitate technological platform by installing   required software that can generate the periodic reports required by SASRA.FOSAs and deposit taking SACCOs are also required demands to invest in new banking halls and install sophisticated security equipment, including armed security personnel from the Administration Police and private security guards.
In ensuring security of members contribution, SACCOs are required to be cover up to Sh100,000 net of any liabilities every member. This new development is similar to that of deposit protection fund for banks and trusts for life insurance policies and serves to promote investment and maintain confidence to members.



[i]Fredrick Wanyama –Impact Of Liberalization Of Cooperative Societies In Kenya http://socialeconomyhub.ca/sites/socialeconomyhub.ca/files/CIREIC/Papers/G3%20-%20Wanyama.pdf
[ii]http://www.aginvestafrica.org/?q=node/1352
[iii]http://www.ilo.org/public/english/employment/ent/coop/africa/download/knfc.pdf
[iv]ibid
[v]Fredrick Wanyama –Impact Of Liberalization Of Cooperative Societies In KenyaPg 24-25
[vii] Section 24 of the Cooperatives Societies Act of 2008 and section 4 of the Regulations
[viii] Sect 2 of the Cooperatives Societies Act, CAP 490
[ix] Sect 77 of the Cooperative Societies Act, CAP 490
[x] Of CAP 490
[x] Sect 91

[xii]www.sacco.org.za(Savings&Credit cooperative League in South Africa.
[xiii]section 5 Sacco societies Act
[xiv] Section 4(4) of SACCO Societies Regulation

[xv]Regulation 13(2)
[xvi]Regulation 41(3)
[xvii]Section 39
[xviii]foreign trade operations;trust operations, transacting Sacco Society business with non-members; Such other activity as the Authority may prescribe.
[xix]Regulation 15(1) (e)

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