ADVOKS GLOBAL · KENYA
Irrigation (General) Regulations
63. Legal and financial supervision
Edition: 2022-12-31 · In force
63. Legal and financial supervision
(1)The supervising entity shall inspect the records of an association where—(a)a written request is filed by half of the members of that association alleging mismanagement of or impropriety in the operations of the association; or(b)there is prima facie evidence of financial malpractice.(2)Where the supervising entity finds evidence of financial malpractice or non-compliance with the provisions of these Regulations or the by-laws, the supervising entity shall—(a)require that association’s management committee to call an extraordinary meeting of the General Assembly within thirty days of its findings;(b)present the findings to the members of the association during the meeting; and(c)guide the general assembly to take corrective measures in accordance with their by-laws.(3)Where the association’s management committee fails to call the extraordinary meeting of the General Assembly in accordance with paragraph (2), the supervising entity shall—(a)call the extraordinary meeting;(b)present the findings of the investigation to the General assembly;(c)facilitate the removal of members of the association management committee involved in the malpractice; and(d)ensure the election of new members of the management committee at the meeting.(4)Where the malpractices constitute a criminal offence, the supervising entity shall report to the relevant state agencies.