ADVOKS GLOBAL · KENYA
Societies Act
45. General presumptions
Edition: 2022-12-31 · In force
45. General presumptions
In any prosecution or other proceedings under this Act—(a)where it is proved that a club, company, partnership or association is in existence, it shall be presumed that such club, company, partnership or association is a society within the meaning of this Act unless the contrary is proved;(b)where it is alleged that a society is an unlawful society, the burden of proving that it is a registered society, or an exempted society, or that it is not a society, shall lie on the person charged;(c)a person named in the register kept by the Registrar as the holder of an office of a society shall be presumed to be the holder of that office or as the case may be, an office of that society, until the contrary is proved;(d)it shall not be necessary for the prosecution to prove that a society possesses a name, or that it has been constituted or is usually known under a particular name.