Friday 16 September

Earlier in the week I reported that Dr Oluoch is concerned about the change of registration of Farmers Own Limited in Kenya so that it is registered as a company limited by guarantee without the word ‘Limited’. Accordingly I had a very useful meeting with the Attorney Fred Waithaka at Kaplan and Stratton.
Fred was very positive, the FO constitution (made up of memorandum and articles) defines the objectives of the company, and because these objectives are charitable Fred assured me that the Attorney General will approve the removal of the word Limited from Farmers Own Limited.
I have a copy of an extract of the companies act covering this and it says "Where it is proved to the satisfaction of the Minister that an association formed as a limited company is to be formed for promoting commerce, art, science, religion, charity or any other useful object, and intends to apply its profits in promoting its objectives and to prohibit the payment of any dividend to its members, the Minister may direct that the association may be registered as a company with limited liability without the addition of the word ‘limited’ "
The application was received in the AGs office on 11 July but the new Kenya constitution has taken precedence over everything else and so all other work has been delayed. Now that the new constitution has been published then it is expected that the approval will occur in the next few weeks.