Participation Of The Public In The Draft Cooperative Bill

The National Co-operative Policy Operationalization Task Force was established by the Cabinet Secretary of the Ministry of Agriculture, Livestock, Fisheries, and Co-operatives through Gazette Notice No. 10699 on December 16, 2020. The Task Force was mandated to create a comprehensive framework for implementing national cooperative policy interventions, reviewing existing cooperative legislation, reforming cooperative institutions, and building the capacity of cooperative societies across the country.

Following extensive consultations and research, the Task Force has produced a Draft Co-operatives Bill. The Bill aims to modernize the legal framework governing cooperative societies, enhance governance and accountability, promote financial sustainability, and ensure that co-operatives are better positioned to support members and contribute to national development goals. The draft Bill is publicly accessible on the websites of the Ministry of Agriculture, Livestock, Fisheries and Co-operatives and the State Department for Cooperatives at https://www.ushirika.go.ke/.

In accordance with Article 10 of the Constitution of Kenya, which emphasizes public participation in policy and legislative processes, the State Department for Cooperatives invites stakeholders, cooperative leaders, and members of the public to submit their comments on the draft Bill. This initiative is part of a broader effort to ensure that the legislation reflects the needs, perspectives, and experiences of all cooperative members and other interested parties.

Public representation can be submitted in several ways to facilitate broad engagement:

• Written Submissions: Comments can be sent electronically using the specified form to coopbill.ushirika@ushirika.go.ke.
• In-Person Submissions: Completed forms can be delivered to the Office of the Principal Secretary, NSSF Building, Block A, 17th Floor.
• Postal Submissions: Written comments may also be mailed to the address provided in the public notice.

All written submissions were required to reach the office by November 24, 2021, at 5:00 pm, ensuring that sufficient time was allocated for consideration before finalizing the Bill.

In addition to written submissions, the State Department for Cooperatives organized public hearings to allow stakeholders and members of the public to provide feedback on the Draft Co-operatives Bill. These hearings were conducted both in-person and online to facilitate widespread participation, accommodating those who may be unable to attend physically due to geographical or logistical constraints. All hearings commenced at 9:00 a.m., providing a structured schedule for engagement and discussion.

The public hearings served multiple objectives:

• Gathering diverse perspectives from cooperative leaders, members, and other stakeholders.
• Ensuring that governance and operational concerns of cooperatives are adequately addressed in the Bill.
• Identifying potential challenges and areas of improvement in the draft legislation.
• Enhancing transparency and accountability in the law-making process.

Stakeholders were encouraged to discuss key topics, including cooperative governance, financial management, member participation, dispute resolution mechanisms, and compliance requirements under the proposed Bill.

Participation in the Draft Co-operatives Bill process is critical because cooperative societies play a significant role in Kenya’s socio-economic development. With over 190,000 registered cooperatives, the sector contributes to financial inclusion, agricultural productivity, trade, housing, education, and employment creation. Updating the legal framework is essential to ensure that cooperatives remain relevant, accountable, and able to provide quality services to their members while aligning with national development objectives.

The Task Force emphasized that the Draft Co-operatives Bill reflects modern best practices in cooperative management. Key aspects of the Bill include:

• Clear governance structures for boards, committees, and executive management.
• Enhanced mechanisms for member engagement and participation in decision-making.
• Transparent financial management, auditing, and reporting standards.
• Dispute resolution frameworks to address conflicts within cooperatives efficiently.
• Compliance requirements aligned with national policies and regulatory standards.

The State Department for Cooperatives encouraged all cooperative societies, industry stakeholders, civil society organizations, and the general public to take an active role in this process. By contributing comments and attending hearings, stakeholders could help shape legislation that is practical, inclusive, and supportive of the cooperative movement’s long-term growth.

In conclusion, public participation in the Draft Co-operatives Bill represents a significant opportunity for all stakeholders to influence cooperative governance and development in Kenya. Through written submissions, in-person feedback, and online engagement, members of the public can ensure that the final Bill strengthens cooperative institutions, promotes accountability, and enhances economic opportunities for cooperative members across the country.