American Bar Association, Section of Environment, Energy, and Resources Essay Example for Free

American Bar Association, Section of Environment, Energy, and Resources Essay The utility that is currently regulated by a regulatory commission or agency is electricity. The state, federal and local agencies regulate electricity that is delivered to the consumers while at the same time determining the rate of return for the utility. One of the major bodies that perform the duty of regulating electricity rates is the Federal Energy Regulatory Commission (FERC) (McGrew, American Bar Association, 2009). Regulation of electricity as one of the commonly used utility is done by regulatory agencies and authorities that determine the prices that are charged. Apart from the regulation of prices of electricity that consumers are charged, the regulatory authorities also determine the terms of service to the consumers, the budgets and the various construction plans that have been put in place (McGrew, American Bar Association, 2009).                  Electricity is a crucial utility that needs to be regulated so as to ensure the protection of the consumers from unscrupulous retailers of the utility (McGrew American Bar Association, 2009). The regulatory rules laid down help in setting the retail rates that are charged on consumers while at the same time helping the retailers to recover the various expenses that they have incurred hence provide them with a rate of return on its capital that can be considered to be â€Å"fair.† Regulation of electricity retail rates by government agencies and regulatory commissions is also faced with the problem of allocating the common costs that are involved in the regulation (McGrew, American Bar Association, 2009).                  Furthermore, the utility’s rate of return for the retailers is also affected by the politics, whereby this allows latitude that is involved in the setting of rates for the different consumers in the market (McGrew, American Bar Association, 2009). The regulation by the government as well as the regulatory agencies and commissions also require that the utility serves all the customers as well as be able in planning expansion and additions of facilities for the purpose of anticipating growth in the market (McGrew, American Bar Association, 2009). Deregulation has been part of the strategy that has been found to have some impact on the supply of electricity as well as the rates charged on electricity supply and distribution.                  According to the â€Å"Federal Power Act† (McGrew, J. H., American Bar Association, 2009), the wholesale price of electricity in addition to the charges on transmission, needs to be based on the costs of production (McGrew, American Bar Association. (2009). However, due to deregulation, the FERC tends to accept the prices that are set by the markets as long as the set standards by the agency are met. The main reason for this acceptance of prices set by the markets is to encourage and support competition within the industry and reduce monopoly (McGrew, American Bar Association, 2009).                  The deregulation of the industry in general makes economic sense in that when there is sufficient competition. Competition within a market helps in the provision of quality service to consumers because each of the suppliers tries their best to attract customers (McGrew, American Bar Association, 2009). Therefore, it means that the rates charged on consumers will not be as high as when there is monopoly in the industry. The general policy by FERC of wanting to expand the role played by the markets as well as increase deregulation makes economic sense in terms of revenues that suppliers will make as well as a healthy market for consumers (McGrew, American Bar Association, 2009). Reference McGrew, J. H., American Bar Association. (2009). FERC: Federal Energy Regulatory Commission. Chicago, Ill: American Bar Association, Section of Environment, Energy, and Resources. Source document

What Crime Has Been Comitted Essay Example for Free

What Crime Has Been Comitted Essay The purpose of this report is to sum up the court case of Rixon Vs Star City PTY LTD (2001 september). Mr Brian Rixon is the Appellant and Star City Pty Ltd (formerly Sydney Harbour Casino Pty Ltd) is the Respondent. Mr Rixon is suing Star City for battery, assult and unlawful arrest. What crime has beem commited? Include a defention of this crime. In this particulular case of Brian Rixon vs Star City PTY LTD, battery, assult and unlawful arrest were alegedely commited, these offences fall under tort law. A tort can be defined as a civil wrong. Battery can be defined as; direct intentional or neglective conduct that causes contact with the body of another without consent. While in criminal law this conduct is also known as assault, in civil actions a distinction is made between battery that invoves a threat of contact without assault. Brian Rixon had been made the subject of an exclusion order issued under the Casino Control Act (which meant that he could not return to the casino). However Mr Rixon did not abide to these terms and once again entered the casino. As a result of this an employee of the respondent approached Mr Rixon in the casino, placed his hand on Mr Rixon, spun him around informed him that; as an excluded person, he was required to follow him to an interview room. Mr Rixon was held in this room for approximately an hour and a half before police arrived; during which time he claimed he suffered stress and anxiety. Indentify the defenda nts and what plea they used. The defendants in this particular case are Star City PTY LTD. They had decided to plea not guilty and defended there employes decision to remove Mr Rixon from the casino as he was violating the casino control act. Outline the arguments they used in there case The defendants used the following arguments in there defence: Defence against assualt- Proof of assault requires proof of an intention to create in another person an apprehension of imminent harmful or offensive contact. If the assault lies in creating an apprehension of impending contact, proof of the assault does not require proof of an intention to follow it up or carry it through. However Mr Ross (Casino Inspector) placed his hand on Mr Rixons shoulder without using any degree of force and said Are you Brian Rixon? which leads to conclusion that Mr Ross had no intention of creating in Mr Rixon an apprehension of imminent harmful or offensive conduct Defence against battery- forms of conduct, long held to be acceptable, is touching a person for the purpose of engaging his attention, though of course using no greater degree of physical contact than is reasonably necessary in the circumstances for that purpose. Defence against false imprisonment/wrongfully accused-Any of the people in charge of the casino, the agent of the casino operator or the casino employee who knew that a person, the subject of an exclusion order, was in the casino premises must remove the person from the casino or cause the person to be removed from the casino. Or detain the subject until the authorities arrive to initiate protocol. Identify the Plaintiff The plaintiff In this particular c ase is Brian Rixon. Outline the arguments of the plaintiff. These arguments were used by the Plaintiff: Assault- The appellant Mr Rixon claimed that he was assaulted by the government inspector Ross. Mr Rixon claims that the inspector grabbed him by the shoulder and spun him around while he was playing poker. He said that it hurt his shoulder and neck. Battery- The appellant Mr Rixon claimed that the inspector had grabbed him by the shoulder and spun him around. This was not acceptable to him and he felt that it violated his security. Quote from her Honour The law cannot draw the line between different degrees of violence, and therefore totally prohibits the first and lowest stage of it; every mans person being sacred, and no other having a right to meddle with it, in any the slightest manner. †. False imprisonment/ wrongfully accused- The plaintiff claimed that he was wrongfully accused and did not deserve to be imprisoned. He also claimed that was in false imprisonment and that they had no right to keep him at the casino. In what court was the case heard? Was the case heard only by a judge or a judge and jury? Why? This particular case was held in district court infront of a judge- judicial officer: Balla ADCJ. This case was only presented in front of judge and not in front of a jury because it is not a criminal case it is a civil case. State the verdict and punishment handed down. Do you think this decision was fair why? / why not? The decision made by judge Balla was that the appeal would be dimmised with cost. The trial Judge rejected Mr Rixons case in battery on the basis that the touching lacked the requisite anger or hostile attitude to be considered as battery. Therefore her Honour dismissed the appeal. The trial Judge rejected the case in assault by finding that the actions of the defendants employee lacked `the requisite intention in relation to assault. Her honour rejected Mr Rixons account of being grabbed or spun round, her Honours finding that Mr Ross placed his hand on Mr Rixons shoulder without using any degree of force and said Are you Brian Rixon? This led her to conclude that Mr Ross had no intention of creating in Mr Rixon an apprehension of imminent harmful or offensive conduct. Therefore her Honour dismissed the appeal. The trial judge rejected the case in False imprisonment and wrongfully accused. The detention of Mr Rixon was made on reasonable grounds and that no more force was used than was proper in the circumstances. Her Honour said that Mr Rixons evidence established that he was informed of the reasons for the detention and that the police were notified immediately of the detention. Mr Rixon was not detained for any longer than was reasonable to enable a police officer to attend at the casino premises. Furthermore Mr Rixon was subject to an exclusion order. By entering the premise he violated the exclusion order and was detained while the police were notified. The staffs at Star City were just following protocol. Therefore her Honour dismissed the appeal. I believe that the verdict for this case was fair as Mr Rixon was out of line and did not need to sue on such an unworthy matter. The staffs at Star City Casino were simply doing their jobs as instructed. The judge did give the matter thoughtful revision and came to an accurate decision.

Effect of Business and Management on SACCOs

Effect of Business and Management on SACCOs The background gives a brief history of the savings and credit cooperative societies, highlights its importance to the society and touches on the problems that have influenced its performance of its roles and finally on the possible solutions or causes of actions. This preambles the statement of the problem, the purpose, significance, scope and limitations of the study together with the research questions. 1.2 BACKGROUND OF THE STUDY One of the basic principles of Cooperative Savings and Credit Movement is the belief in co-operation and mutual self help for the uplifting of members standards of living. Kussco(2006). Members with a common bond join hands to form those quasi-banks institutions. With finances mobilized through such joint efforts the savings and credit society members build up the capital which they can use through local arrangements to finance their own social as well as economic development. The traditional form of cooperation involved working together on farms, hunting and gathering. All people have basic needs of food, shelter, security and belonging. People would invite neighbors to come and give a hand. Also people did not have money and resources, which enables individuals to employ people or machinery to do the work for them. In any community cooperation usually exists in the form of associations of people who come together as a group driven by their social and economic needs in order to cope with their problems and improve their conditions of living MOCD (2006) According to Odepo and Nyawinda (2004) , savings and credit cooperatives societies (commonly referred to as SACCOs), accept monthly payments for shares from which, members may borrow an amount equivalent to two or three times their own savings if they can get other members to guarantee them. They say that growth in SACCOs in the last twenty years has been spectacular. According to statistics from Kenya Union Of Savings and Credit Cooperative societies   (KUSCCO), the number of SACCOs rose from 630 in 1978 to 3,870 by the end of October 2002 while savings and share capital rose from Kshs. 375 million   in 1978 to Kshs. 80billion by 2003. Credit outreach similarly recorded significantly, having risen from 357 million in 1978 to kshs. 70 billion by 2003. Saccos active members numbered over 1.5 million by 2002 having risen from 378,500 members in 1978. Their rapid growth indicate that they have filled a need which had not been made by the financial institutions. Of the Kshs. 110 bill ion in the current share capital and deposits held by cooperatives, the statistics show that Kshs. 90 billion has been lent out to customers. However, the recent statistics from the ministry of cooperative development and marketing shows the position as below The internal management principles need to be enforced strongly to improve efficiency of collections, and even perhaps consider insuring the loans in case of demise of member loaned. The Sacco movement has the capacity to propel the economic lives of the citizens if indeed it is well managed. Its principles of democratic management, voluntary membership and common bond give it the base to take its members to new heights. The movement has been a boon for this country and many people would not be where they are now were it not for the harvests of the opportunities sowed in the garden of the movement. It mobilizes savings and finance and penetrates to areas not valued by other financial institutions, while serving special needs of members. The prospects for the industry are so huge. By identifying the fact that the easiest source of funding is the locally mobilized savings, the saccos should come up with innovative ideas to encourage the members of the common bond to save, as a first step. Other sources of funds like the cooperative bank, which all the saccos have a stake in, should be considered exhaustively. Besides they should think outside the box and get organi zations willing to empower members economically by allowing loans at a rate less than what saccos offer to its members. The saccos umbrella body- Kussco- has a fund to assist the member saccos when they are in need of the funds   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   ( www.kusco.com) Saccos face numerous challenges that hinder the exploitation of their full potential. Mudibo(2005) raised concerns on the calibre of leaders who run saccos noting that since these are voluntary organizations, members can elect anybody they like, who may not necessarily have the skills to run a sacco. He suggested that before a member is elected, he should have certain number of shares so that he has something to loose if he mismanages the sacco. Non remittance and delayed remittance of cooperative dues by employers has led to inconveniences and loss of income by the societies. New rules have however provided stiff penalties for errant employers. Members are also at risk due to HIV/AIDS and ways to attract new members are required. Ngumo (2005), in his article the cooperative movement in Kenya; the eagle that wont fly Nairobi, Kenya institute of management raises several unsettled issues affecting the saccos. First the government should decide on whether to control or facilitate the cooperatives. Cooperative roles should be re-emphasized. One member one vote should be questioned. Instead he suggests the policy of one share one vote. Still, ownership and control should be de-linked for good corporate governance. Then business strategies need further scrutiny before implementation. He concludes that it will be sad for Kenyans to compose a eulogy for the movement after all this time. He said; We cannot milk a cow, refuse to feed it, cry that it was wonderful cow and blame God for its demise. According to National Micro and Small Enterprise (MSE) Baseline Survey (1999/2000), Kenya has a relatively well developed banking and formal financial sector. This consists of the Central Bank, 43 commercial banks, 16 non-bank financial institutions, 2 mortgage finance companies, 4 building societies , 8 developed financial institutions about 3870 cooperative savings and credit societies, 38 insurance companies, the Nairobi stock exchange and venture capital companies. The survey further indicates that nearly 89.6% of MSEs had never received credit and other financial services. Table 1.2 Sources of credit   to MSEs in Kenya 2000 Source: National MSE Baseline survey 1999/2000 (CBS, K-rep and ICEG) The unserved credit needs portrayed by the statistics in the table 1.2 in the background section above signifies a wealth of opportunities untapped by all the financial institutions. The proof of the existence of market implies that a lot needs to be done to raise what it takes to serve a market. The most basic need is the finance to lend in a discipline way. Voluntary savings from members is therefore imperative. Saccos abilities to improve their members wealth is determined by a number of factors, among them is the funding levels due to members marginal propensity to save, contributions; remittance by the employers, legal and regulatory framework, internal management principles and practices (e.g customer service, marketing, dividend / interest payment etc) amongst other factors. These factors level of influence on saccos ability to perform captured the attention of the researcher. It was the intention of the researcher to examine them and possibly recommend on the best way to miti gate the underlying challenges and take advantage of the available opportunities by exploiting existing strengths. Voluntary deposits / savings as a source of commercial finance for micro credit institution have generated a lot of interest and debate in recent years. Locally mobilized voluntary savings is potentially the largest and the most immediately available source of finance for some micro credit institutions, most of all the saccos. Bearing this in mind, one is left to wonder what is hindering the saccos from prosperity, given the access to its resources and the wealth of its opportunities. The purpose of this research is to broaden the discussion of what, when, why and how a sacco should use its resources, get the right framework, apply effective policies for improvement of the wealth of its members. Getting these elements right is a crucial part of meeting the demand for the unmet credit needs. The researcher will also seek to bridge the gap that exist between Saccos that have exemplary performance in their services to members and excellent returns and some others which barely afford to offer loans, leave alone dividends. According to Armstrong, performance is often defined in output terms the achievement of quantified objectives. But performance is a matter not only of what people achieve but how they achieve it. High performance result from appropriate behaviour, especially discretionary behaviour, and the effective use of the required knowledge, skills and competencies. 1.3 STATEMENT OF THE PROBLEM Quite a number of Saccos e.g TENA sacco, have a long string of pending loan applications from members SACCO star ( 2006) . Some saccos pay out little or no dividends/ interests on members savings. Some others still have a low loan multiplier and / or limited concurrent loans compared to some well performing counterparts e.g Stima Sacco, Sacco star,(2006)- which has even started ATM services for FOSA customers and manages to advance more that three times the members deposits, can give up to four concurrent loans without closing any applications for the year and gives loans almost immediately it is applied for by the member , (mwaura (2004). Among the major problems hindering this is the unavailability of much needed cash to lend, when it is required. This therefore causes a mismatch in the availability of funds and the demand for loans. Other reasons could be poor investment decisions or lack of investment opportunities or delayed cash flow from employers/ members among others. Rutherford (1999) wrote that funding these large sums of money is the main management problem. The only reliable and sustainable way is to build them from savings. Saving- making a choice not to consume- is thus the fundamental and unavoidable first step in money management, without which financial services cannot operate. The poor themselves recognize the need to build savings into lump sums and contrary to the popular belief, the poor want to save and try to save, and all poor people except those who are entirely outside the cash economy can save something, no matter how small, When poor people do not save, it is for luck of opportunity rather for lack of understanding or of will. Most of the saccos have succeeded in mobilization of savings from members. Inspite of this, still they have a huge backlog in terms of loans advanced to members (Sacco star, 2005). Furthermore, most of the saccos pay little dividends/interests on deposits or none at all, in-spite of trading with the deposits/savings. It was therefore the intention of the researcher to seek to establish the determinants of saccos capabilities to improve its members well being. 1.4 OBJECTIVES OF THE STUDY Main Objective The main purpose of this study was to investigate and refine our understanding of the major factors that determine the performance of saccos to enable them maximize their members wealth. Specific objective Specifically, the study sought: To find out the extend to which the nature of business/ check off system affects performance of SACCOs To establish the relationship between management practices and performance of SACCOs To examine the level of education and training of general members, committee members staff and their effects on performance of SACCOs To determine if long term investment affects performance of SACCOs 1.5 RESEARCH QUESTIONS To what extent does the nature of business/ check off system affect performance of SACCOs? Do management practices affect performance of SACCOs? Is education and training of general members, committee members staff a factor that affects the performance of SACCOs? Does long term investment affect the performance of SACCOs? 1.6 SIGNIFICANCE OF THE STUDY This study is aimed at developing an understanding on major factors determining the accessibility to funds to process and dispense all loan requisitions in time by saccos in Kenya. It is seeking to examine and underscore the salient principles that have a bearing in the success in similar or related areas of focus, and hence suggest ways and means of overcoming failure. The study is aimed at benefiting, among others, the management teams. These are the people entrusted by the members to take care of their interests in saccos. They will study to understand and improve on policy setting and implementation for overall sustainability of the sector. The entire sacco membership will also get enlightened. The members of the common bond will appreciate their role in sustaining their welfare through sacco as a vehicle. They will be more willing to take a center role instead of quiting when they feel their interests are not being taken care of by the people they entrusted them with. It will also benefit the sacco staff/secretariate; these are the people who get their daily bread from the sacco. They will understand their role in the growth of the organization, hence acting to secure their source of livelihood. It will also be of good use to the government department in charge of cooperatives. The report will bring to light issues requiring framework and only them can attend to for the overall sustainability of the sacco industry. Finally other researchers in this area will find this useful. They will get recommendations for further research from this study. The beneficiaries will have access to the information on the findings from the compiled report. The final report will be available in selected major libraries, organized groups, especially the respondents will get a copy of the report on the findings. 1.7 SCOPE OF THE STUDY This studys scope was the saccos based in Eldoret. The researcher selected a suitable sample from the population by purposive convenience sampling. According to the statistics from MOCD/M, there are about 10 such saccos within Eldoret town. About 40 % of the population (4 saccos) were covered by the study. The study targeted the members of the central management committee (CMC) in the selected SACCOs. CHAPTER TWO 2.0 LITERATURE REVIEW 2.1 Introduction to literature review This section contains literature that has been reviewed and continues to be reviewed relating to the problem. Literature review involves locating, reading and evaluating reports of previous studies, observations and opinions relating to the planned study. It therefore enables the researcher to know what has been done in the particular field of study, makes one aware of what has been made and what challenges remain, and gives suggestions on the variables and procedures that could be used. Literature review logically leads to objectives on the study. 2.2 Past studies in the area 2.2.1 Background information According to Mwaura (2005) sessional paper No. 4 of 1987 on renewed growth through the cooperative movement highlighted the significance of the movement in national development. By this time there were 3500 registered cooperatives with more than 2million members and an annual turnover greater than 6billion. The paper noted that one in every two Kenyans derived its livelihood from the cooperative either directly or indirectly. The cooperative movement in Kenya is reputed to be the most advanced in the African continent. The Kenya Nordic agreement of 1967led to the establishment of the Cooperative college of Kenya at Langata, which is the main training ground for both ministry staff and the movement employees. According to MOCD (2002) the first Savings and credit Cooperatives in Kenya were started in the sixties. The Government annual economic survey shows that as at December 2002 there were more than 2,400 active SACCOS with membership in excess of 1.5 million people. Share capital stood at Kshs. 65 billion while outstanding loans were Kshs. 59 billion.. The structure of the cooperative movement in Kenya comprises of four tiers. These include the primary societies, secondary cooperatives, tertiary cooperatives and nationwide cooperatives. The Kenya Federal of Cooperatives (KNFC) is the only apex society in the movement. It was formed with an objective of promoting, developing, guiding, assisting and upholding ideas of the cooperative principles. KNFC is the link between cooperatives in Kenya and the international cooperative alliance. Of special mention here is the African Confederation of Cooperative Savings and Credit Associations (ACCOSCA), which is registered under the Societies Act, Chapter 108 of the laws of Kenya. Its area of operation is Africa and the adjacent islands. Its head-quarters is in Nairobi. It has twenty five affiliated organizations. It is affiliated to the International Cooperative Alliance through its members in the world council of Credit Unions (WOCCU). According to the cooperative Societies Act (Cap 490), persons desirous of forming a cooperative society must fill the prescribed form from the commissioner for cooperatives. It requires that at least ten members will sign the form, though for savings and credit the commissioner has been asked for more people. The form requires that the society makes its by-laws. For ease of convenience the commissioner has prepared model by-laws for the cooperative societies. The societies are nevertheless free to change these or come up with their own by-laws. The by-laws must detail the following; the name of the society, objects of the society, purposes to which its funds may be applied, disposal of surplus funds, qualifications for membership and terms and conditions of admission of members. For savings and credit cooperatives, the following are also includes, the rate of interest, the maximum amount loan-able, extension, renewal and recovery of loans and the consequences of default in the repayment of any sums due. On receipt of the application form the office of the commissioner will register the cooperative society on the advice of the cooperative officer in charge of the area of operation. Chapter 490 provides that no companies registered under the companys Act or any un-incorporated body of persons shall become a member of a registered society except with the written permission of the commissioner. It also provides that no person can join more than one cooperative society with unlimited liability. A member may nevertheless be allowed to join two or more cooperatives with limited liability if the two are in different areas of operation. A cooperative society just like a company, may be registered with or without limited liability. The commissioner has power to refuse to register a cooperative society. Nevertheless, the refusal must be given to the applicants in writing. Applicants can appeal to the minister for cooperative developments and finally to the high court. The commissioner may register the cooperative either provisionally or fully. A provision registration is given where some requirements for registration have not been met. The applicants are given a period o f one year to satisfy all conditions. A provisionally registered cooperative society may act as a fully registered in all ways. Upon registration such a cooperative society is deemed to have been registered on the date of the provisional registration. Upon registration a society becomes a body of corporate. According to Ouma(1980), the term cooperative in its widest sense simply means working together. In this context cooperation is as old as mankind and exists wherever the human family is found. Indeed such cooperation exists among animals, insects, bees and ants. Thus cooperation generally means working together for a common purpose. Thus group effort through traditional form of cooperation may be traced in all communities of the world. However its narrow sense as a movement, it means an association of people whose purpose for group work yields good results not only for the members but to the community in general and even to the humanity at large. Cooperative is a business organization by profit, but rather the result of mutual association whose objective is equitable economic betterment of man and the society in which he lives. According to the MOCD, cooperatives are regulated by a set of principals. These principles were formulated by a group of people who lived in a village in England known as Rochdale, and they are therefore referred to as Rochdale pioneers. They formed the first successful cooperative society   in 1884. This society which was a consumer cooperative society was formed in 1844 when Britain was undergoing industrial revolution. As a result of the revolution, a lot of people lost their jobs in the factories as machines were introduced to replace them. In addition to this there was general lack of credit and supply of essential commodities like salt, sugar, flour and cooking fat. Businessmen also took advantage of this situation and started offering impure products at high prices. It is against this background that Rochdale Pioneers decided to draw up some sort of principles which would guide their operation as cooperative society.   These principles were intended for the regulation of cooperative society as indicated by the great stress on the sale of pure products and the sale of goods for cash only. It was therefore found necessary to formulate the principles for adoption by other types of cooperatives. The International Cooperative Alliance (ICA) Commission of 1966 adopted the following principles which are genuine for the running of a genuine cooperative society:- Open and voluntary membership, democratic administration (one man, one vote), limited interest on share capital, payments of dividends and bonuses to members, promotion of education and cooperation with other cooperatives at local national and international levels. According to Ouma (1980), the traditional cooperatives have been in existence in Kenya, as it has been elsewhere, from time immemorial. Examples of such cooperative practices are to be found in Kenya. The group association is normally based on lineage according to the natural geographic environment in which the members of the group are born. This is usually based on clan or people who live within the same village. It can be stated with fair amount of certainty that the   traditional forms of cooperation do generally speaking, form the basis for the establishment of modern cooperative organizations. There is for instance in Luo, Saga whereby a group of people do ploughing, weeding or harvest for each member of the group in turn. In Kwath, members of the group look after their cattle together for three or more days consecutively, in turn. In Kikuyu there is what is called ngwatio (Mwethya in Kamba) whereby members of the group get together to build houses for themselves, each member of the group breinging what is required for the construction e.g. grass and poles. When the first house is completed then the members start on the next one. In Kisii, there is what is called obituary wherby men go on a job hunting exercise, and when they kill an animal, they will either divide it or take it home (village) where it mis cooked and eaten communally by all the villagers. Among the Kalenjin there is the practice of Kokwet wherby a group of people   would go out to harvest or weed the garden of their members in turn. The Kalenjin also have Loget whereby the men   go in a joint   effort to kill animals for food. According to Ouma(1980), practically all the ethnic groups in this country, whether small or big, has since time immemorial practiced mutual association in order to satisfy their needs socially, economically or otherwise. It is also necessary to point out that in the traditional forms of cooperatives, in contrast to the modern cooperatives, members had a great sense of commitment and belonging.. They had mutual trust and   were voluntarily involved in their activities and affairs.. It is of course not possible and it may not be expected that with the development of cosmopolitan populations consisting of different ethnic groups and tribes that members can still hold   together without some form of regulations. Hence the necessity to resort to legal reinforcement and education in order to develop efficient cooperative organizations. Although these associations of group effort could be deemed self help which is infect a for of cooperative , it is nevertheless true to say that the modern cooperative movement, born in Kenya during the beginning of twentieth century owed much of the cooperative idea to these earlier practices. It is also true that the modern cooperative associations in this country took a different approach and   mainly because of expediency. Its founders the British settlers- merely wanted to use it as a cheap means of business for easy profit making. They never spontaneously involved the indigenous people who already were familiar with cooperative effort. The early settlers were beset by very many problems as regards their agricultural activities. For instance prices for Agricultural products were very low, transport of the agricultural inputs and outputs to the markets by each individual settler were classical nightmares. Therefore this new system of farming with its large scale production caused the needs for associations by the few European farmers who undoubtedly had conceived the cooperative idea from the British cooperative movement back home. It will of course be recalled that the formal and successful cooperative organisations started in Britain in 1844. In 1908, they resolved to join together at a place called Lumbwa and formed Lumbwa cooperative Society Ltd. Although not registered as such under any cooperative Societies Act, it is deemed to be one of the modern cooperatives in Kenya. The main objective was to purchase merchandise; i.e. fertilizers, chemical seeds, and other agricultural inputs through collective effort, and to market their produce collectively thus taking advantage of the economy of scale. It would appear quite clear at this point that cooperatives in Kenya did not start as a poor mans defensive weapon against the exploitation by the middlemen, as it had started in Europe and elsewhere. It was on the contrary an easier means to enable the white settlers to receive high returns from their agricultural produce. Thus it was rather an economic necessity for the well to do and not the ordinary man with little or no means at all. It will be remembered that during this time, there was no cooperative societies ordinance to regulate and to assist the management of these cooperative efforts in Kenya. It is also not clear whether or   not Lumbwa Cooperative society ltd was registered even under the companies Act, otherwise calling it a co-operative society was misleading. However one thing remains certain, and that is that the settlers wanted to maximize their profits by trading under the pretext of a co-operative organisation, thereby enjoying its privileges. According to Ouma (1980) many self help groups, most of which were very small and un-economic, were started all over the country. But these were not economically viable and consequently had to be amalgamated into larger economic units. These were for instance Kenya farmers association (co-operatives), Kenya planters co-operative union, Kenya cooperative creameries and Horticultural cooperative union. It is a fact that these institutions formed the backbone and the base for formal cooperative movement in this country. These initial cooperative ventures in Kenya were unfortunately not quite in the spirit of the Rochdale Pioneer Cooperative Society. They never for example, observed the principle of membership, for no African could participate in it until later. The need to form formal cooperative organisations arose when some African peasant farmers realized that they were being exploited, especially by the Asian traders who were paying very low prices for their agricultural produce. As early as in the 1930s there were attempts to form cooperatives by the indigenous people of Kenya, in spite of lack of proper guidance. Of these early attempts two examples can be mentioned here, The Taita vegetable company and the Kisii coffee Growers cooperative. The farmers had 239 members and bought 3 lorries at the cost of $1170 out of the profits made from the operations. The group was producing, grading, transporting and selling on the mombasa market over 900,000Lbs of vegetables a year and the growers received over $4,500 out of a gross selling price of $ 6300. This was indeed too substantial an enterprise to be left without a legal basis. It was later registered as cooperative society. The Kisii coffee growers Association which was able to raise from the sale of its coffee a sum of $2470 of which   $1240 was paid out to the 251 members who had cultivated only 159 acres, but had already accumulated a surplus of $1065. In 1994, the British Colonial Office in London appointed Mr. W.K.H Campbell to come to investigate the possibilities of African participation in the cooperative organisations. He carried out his investigations by touring and visiting many towns and districts in the republic of Kenya and talking to the people. After all his investigations Mr. Campbell submitted his recommendations that subject to availability of capable staff attempts to organise cooperatives were worth while. It was also during this time that the first African Mr. Eliud Mathu was nominated to the legislative assembly, as the Kenya parliament was called then. He demanded in parliament and such people as Ex chief Koinange from outside, that the Government should come out openly to encourage African participation in the cooperative movement. It was as a result of Campbells recommendation that the cooperative societies (Registration) Amendment, Ordinance of 1932 was repealed and the cooperative societies Ordinance of 1945 was enacted under Cap. 287. It was as a result of this new ordinance that the department of cooperatives was created, although it was placed under different ministries at various times. Consequent to the establishment of the department, a registrar ( now called commissioner for cooperative Development) was appointed and together with his staff was responsible for registration and promotion of cooperative societies in the country. The 1945 cooperative societies ordinance further gave the registrar certain powers over cooperative societies, for example refusal to register a cooperative society, cancellation of certificate of registration, to audit societys books of accounts, authority to inspect books of society, authority to settle disputes in cooperat Effect of Business and Management on SACCOs Effect of Business and Management on SACCOs The background gives a brief history of the savings and credit cooperative societies, highlights its importance to the society and touches on the problems that have influenced its performance of its roles and finally on the possible solutions or causes of actions. This preambles the statement of the problem, the purpose, significance, scope and limitations of the study together with the research questions. 1.2 BACKGROUND OF THE STUDY One of the basic principles of Cooperative Savings and Credit Movement is the belief in co-operation and mutual self help for the uplifting of members standards of living. Kussco(2006). Members with a common bond join hands to form those quasi-banks institutions. With finances mobilized through such joint efforts the savings and credit society members build up the capital which they can use through local arrangements to finance their own social as well as economic development. The traditional form of cooperation involved working together on farms, hunting and gathering. All people have basic needs of food, shelter, security and belonging. People would invite neighbors to come and give a hand. Also people did not have money and resources, which enables individuals to employ people or machinery to do the work for them. In any community cooperation usually exists in the form of associations of people who come together as a group driven by their social and economic needs in order to cope with their problems and improve their conditions of living MOCD (2006) According to Odepo and Nyawinda (2004) , savings and credit cooperatives societies (commonly referred to as SACCOs), accept monthly payments for shares from which, members may borrow an amount equivalent to two or three times their own savings if they can get other members to guarantee them. They say that growth in SACCOs in the last twenty years has been spectacular. According to statistics from Kenya Union Of Savings and Credit Cooperative societies   (KUSCCO), the number of SACCOs rose from 630 in 1978 to 3,870 by the end of October 2002 while savings and share capital rose from Kshs. 375 million   in 1978 to Kshs. 80billion by 2003. Credit outreach similarly recorded significantly, having risen from 357 million in 1978 to kshs. 70 billion by 2003. Saccos active members numbered over 1.5 million by 2002 having risen from 378,500 members in 1978. Their rapid growth indicate that they have filled a need which had not been made by the financial institutions. Of the Kshs. 110 bill ion in the current share capital and deposits held by cooperatives, the statistics show that Kshs. 90 billion has been lent out to customers. However, the recent statistics from the ministry of cooperative development and marketing shows the position as below The internal management principles need to be enforced strongly to improve efficiency of collections, and even perhaps consider insuring the loans in case of demise of member loaned. The Sacco movement has the capacity to propel the economic lives of the citizens if indeed it is well managed. Its principles of democratic management, voluntary membership and common bond give it the base to take its members to new heights. The movement has been a boon for this country and many people would not be where they are now were it not for the harvests of the opportunities sowed in the garden of the movement. It mobilizes savings and finance and penetrates to areas not valued by other financial institutions, while serving special needs of members. The prospects for the industry are so huge. By identifying the fact that the easiest source of funding is the locally mobilized savings, the saccos should come up with innovative ideas to encourage the members of the common bond to save, as a first step. Other sources of funds like the cooperative bank, which all the saccos have a stake in, should be considered exhaustively. Besides they should think outside the box and get organi zations willing to empower members economically by allowing loans at a rate less than what saccos offer to its members. The saccos umbrella body- Kussco- has a fund to assist the member saccos when they are in need of the funds   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   ( www.kusco.com) Saccos face numerous challenges that hinder the exploitation of their full potential. Mudibo(2005) raised concerns on the calibre of leaders who run saccos noting that since these are voluntary organizations, members can elect anybody they like, who may not necessarily have the skills to run a sacco. He suggested that before a member is elected, he should have certain number of shares so that he has something to loose if he mismanages the sacco. Non remittance and delayed remittance of cooperative dues by employers has led to inconveniences and loss of income by the societies. New rules have however provided stiff penalties for errant employers. Members are also at risk due to HIV/AIDS and ways to attract new members are required. Ngumo (2005), in his article the cooperative movement in Kenya; the eagle that wont fly Nairobi, Kenya institute of management raises several unsettled issues affecting the saccos. First the government should decide on whether to control or facilitate the cooperatives. Cooperative roles should be re-emphasized. One member one vote should be questioned. Instead he suggests the policy of one share one vote. Still, ownership and control should be de-linked for good corporate governance. Then business strategies need further scrutiny before implementation. He concludes that it will be sad for Kenyans to compose a eulogy for the movement after all this time. He said; We cannot milk a cow, refuse to feed it, cry that it was wonderful cow and blame God for its demise. According to National Micro and Small Enterprise (MSE) Baseline Survey (1999/2000), Kenya has a relatively well developed banking and formal financial sector. This consists of the Central Bank, 43 commercial banks, 16 non-bank financial institutions, 2 mortgage finance companies, 4 building societies , 8 developed financial institutions about 3870 cooperative savings and credit societies, 38 insurance companies, the Nairobi stock exchange and venture capital companies. The survey further indicates that nearly 89.6% of MSEs had never received credit and other financial services. Table 1.2 Sources of credit   to MSEs in Kenya 2000 Source: National MSE Baseline survey 1999/2000 (CBS, K-rep and ICEG) The unserved credit needs portrayed by the statistics in the table 1.2 in the background section above signifies a wealth of opportunities untapped by all the financial institutions. The proof of the existence of market implies that a lot needs to be done to raise what it takes to serve a market. The most basic need is the finance to lend in a discipline way. Voluntary savings from members is therefore imperative. Saccos abilities to improve their members wealth is determined by a number of factors, among them is the funding levels due to members marginal propensity to save, contributions; remittance by the employers, legal and regulatory framework, internal management principles and practices (e.g customer service, marketing, dividend / interest payment etc) amongst other factors. These factors level of influence on saccos ability to perform captured the attention of the researcher. It was the intention of the researcher to examine them and possibly recommend on the best way to miti gate the underlying challenges and take advantage of the available opportunities by exploiting existing strengths. Voluntary deposits / savings as a source of commercial finance for micro credit institution have generated a lot of interest and debate in recent years. Locally mobilized voluntary savings is potentially the largest and the most immediately available source of finance for some micro credit institutions, most of all the saccos. Bearing this in mind, one is left to wonder what is hindering the saccos from prosperity, given the access to its resources and the wealth of its opportunities. The purpose of this research is to broaden the discussion of what, when, why and how a sacco should use its resources, get the right framework, apply effective policies for improvement of the wealth of its members. Getting these elements right is a crucial part of meeting the demand for the unmet credit needs. The researcher will also seek to bridge the gap that exist between Saccos that have exemplary performance in their services to members and excellent returns and some others which barely afford to offer loans, leave alone dividends. According to Armstrong, performance is often defined in output terms the achievement of quantified objectives. But performance is a matter not only of what people achieve but how they achieve it. High performance result from appropriate behaviour, especially discretionary behaviour, and the effective use of the required knowledge, skills and competencies. 1.3 STATEMENT OF THE PROBLEM Quite a number of Saccos e.g TENA sacco, have a long string of pending loan applications from members SACCO star ( 2006) . Some saccos pay out little or no dividends/ interests on members savings. Some others still have a low loan multiplier and / or limited concurrent loans compared to some well performing counterparts e.g Stima Sacco, Sacco star,(2006)- which has even started ATM services for FOSA customers and manages to advance more that three times the members deposits, can give up to four concurrent loans without closing any applications for the year and gives loans almost immediately it is applied for by the member , (mwaura (2004). Among the major problems hindering this is the unavailability of much needed cash to lend, when it is required. This therefore causes a mismatch in the availability of funds and the demand for loans. Other reasons could be poor investment decisions or lack of investment opportunities or delayed cash flow from employers/ members among others. Rutherford (1999) wrote that funding these large sums of money is the main management problem. The only reliable and sustainable way is to build them from savings. Saving- making a choice not to consume- is thus the fundamental and unavoidable first step in money management, without which financial services cannot operate. The poor themselves recognize the need to build savings into lump sums and contrary to the popular belief, the poor want to save and try to save, and all poor people except those who are entirely outside the cash economy can save something, no matter how small, When poor people do not save, it is for luck of opportunity rather for lack of understanding or of will. Most of the saccos have succeeded in mobilization of savings from members. Inspite of this, still they have a huge backlog in terms of loans advanced to members (Sacco star, 2005). Furthermore, most of the saccos pay little dividends/interests on deposits or none at all, in-spite of trading with the deposits/savings. It was therefore the intention of the researcher to seek to establish the determinants of saccos capabilities to improve its members well being. 1.4 OBJECTIVES OF THE STUDY Main Objective The main purpose of this study was to investigate and refine our understanding of the major factors that determine the performance of saccos to enable them maximize their members wealth. Specific objective Specifically, the study sought: To find out the extend to which the nature of business/ check off system affects performance of SACCOs To establish the relationship between management practices and performance of SACCOs To examine the level of education and training of general members, committee members staff and their effects on performance of SACCOs To determine if long term investment affects performance of SACCOs 1.5 RESEARCH QUESTIONS To what extent does the nature of business/ check off system affect performance of SACCOs? Do management practices affect performance of SACCOs? Is education and training of general members, committee members staff a factor that affects the performance of SACCOs? Does long term investment affect the performance of SACCOs? 1.6 SIGNIFICANCE OF THE STUDY This study is aimed at developing an understanding on major factors determining the accessibility to funds to process and dispense all loan requisitions in time by saccos in Kenya. It is seeking to examine and underscore the salient principles that have a bearing in the success in similar or related areas of focus, and hence suggest ways and means of overcoming failure. The study is aimed at benefiting, among others, the management teams. These are the people entrusted by the members to take care of their interests in saccos. They will study to understand and improve on policy setting and implementation for overall sustainability of the sector. The entire sacco membership will also get enlightened. The members of the common bond will appreciate their role in sustaining their welfare through sacco as a vehicle. They will be more willing to take a center role instead of quiting when they feel their interests are not being taken care of by the people they entrusted them with. It will also benefit the sacco staff/secretariate; these are the people who get their daily bread from the sacco. They will understand their role in the growth of the organization, hence acting to secure their source of livelihood. It will also be of good use to the government department in charge of cooperatives. The report will bring to light issues requiring framework and only them can attend to for the overall sustainability of the sacco industry. Finally other researchers in this area will find this useful. They will get recommendations for further research from this study. The beneficiaries will have access to the information on the findings from the compiled report. The final report will be available in selected major libraries, organized groups, especially the respondents will get a copy of the report on the findings. 1.7 SCOPE OF THE STUDY This studys scope was the saccos based in Eldoret. The researcher selected a suitable sample from the population by purposive convenience sampling. According to the statistics from MOCD/M, there are about 10 such saccos within Eldoret town. About 40 % of the population (4 saccos) were covered by the study. The study targeted the members of the central management committee (CMC) in the selected SACCOs. CHAPTER TWO 2.0 LITERATURE REVIEW 2.1 Introduction to literature review This section contains literature that has been reviewed and continues to be reviewed relating to the problem. Literature review involves locating, reading and evaluating reports of previous studies, observations and opinions relating to the planned study. It therefore enables the researcher to know what has been done in the particular field of study, makes one aware of what has been made and what challenges remain, and gives suggestions on the variables and procedures that could be used. Literature review logically leads to objectives on the study. 2.2 Past studies in the area 2.2.1 Background information According to Mwaura (2005) sessional paper No. 4 of 1987 on renewed growth through the cooperative movement highlighted the significance of the movement in national development. By this time there were 3500 registered cooperatives with more than 2million members and an annual turnover greater than 6billion. The paper noted that one in every two Kenyans derived its livelihood from the cooperative either directly or indirectly. The cooperative movement in Kenya is reputed to be the most advanced in the African continent. The Kenya Nordic agreement of 1967led to the establishment of the Cooperative college of Kenya at Langata, which is the main training ground for both ministry staff and the movement employees. According to MOCD (2002) the first Savings and credit Cooperatives in Kenya were started in the sixties. The Government annual economic survey shows that as at December 2002 there were more than 2,400 active SACCOS with membership in excess of 1.5 million people. Share capital stood at Kshs. 65 billion while outstanding loans were Kshs. 59 billion.. The structure of the cooperative movement in Kenya comprises of four tiers. These include the primary societies, secondary cooperatives, tertiary cooperatives and nationwide cooperatives. The Kenya Federal of Cooperatives (KNFC) is the only apex society in the movement. It was formed with an objective of promoting, developing, guiding, assisting and upholding ideas of the cooperative principles. KNFC is the link between cooperatives in Kenya and the international cooperative alliance. Of special mention here is the African Confederation of Cooperative Savings and Credit Associations (ACCOSCA), which is registered under the Societies Act, Chapter 108 of the laws of Kenya. Its area of operation is Africa and the adjacent islands. Its head-quarters is in Nairobi. It has twenty five affiliated organizations. It is affiliated to the International Cooperative Alliance through its members in the world council of Credit Unions (WOCCU). According to the cooperative Societies Act (Cap 490), persons desirous of forming a cooperative society must fill the prescribed form from the commissioner for cooperatives. It requires that at least ten members will sign the form, though for savings and credit the commissioner has been asked for more people. The form requires that the society makes its by-laws. For ease of convenience the commissioner has prepared model by-laws for the cooperative societies. The societies are nevertheless free to change these or come up with their own by-laws. The by-laws must detail the following; the name of the society, objects of the society, purposes to which its funds may be applied, disposal of surplus funds, qualifications for membership and terms and conditions of admission of members. For savings and credit cooperatives, the following are also includes, the rate of interest, the maximum amount loan-able, extension, renewal and recovery of loans and the consequences of default in the repayment of any sums due. On receipt of the application form the office of the commissioner will register the cooperative society on the advice of the cooperative officer in charge of the area of operation. Chapter 490 provides that no companies registered under the companys Act or any un-incorporated body of persons shall become a member of a registered society except with the written permission of the commissioner. It also provides that no person can join more than one cooperative society with unlimited liability. A member may nevertheless be allowed to join two or more cooperatives with limited liability if the two are in different areas of operation. A cooperative society just like a company, may be registered with or without limited liability. The commissioner has power to refuse to register a cooperative society. Nevertheless, the refusal must be given to the applicants in writing. Applicants can appeal to the minister for cooperative developments and finally to the high court. The commissioner may register the cooperative either provisionally or fully. A provision registration is given where some requirements for registration have not been met. The applicants are given a period o f one year to satisfy all conditions. A provisionally registered cooperative society may act as a fully registered in all ways. Upon registration such a cooperative society is deemed to have been registered on the date of the provisional registration. Upon registration a society becomes a body of corporate. According to Ouma(1980), the term cooperative in its widest sense simply means working together. In this context cooperation is as old as mankind and exists wherever the human family is found. Indeed such cooperation exists among animals, insects, bees and ants. Thus cooperation generally means working together for a common purpose. Thus group effort through traditional form of cooperation may be traced in all communities of the world. However its narrow sense as a movement, it means an association of people whose purpose for group work yields good results not only for the members but to the community in general and even to the humanity at large. Cooperative is a business organization by profit, but rather the result of mutual association whose objective is equitable economic betterment of man and the society in which he lives. According to the MOCD, cooperatives are regulated by a set of principals. These principles were formulated by a group of people who lived in a village in England known as Rochdale, and they are therefore referred to as Rochdale pioneers. They formed the first successful cooperative society   in 1884. This society which was a consumer cooperative society was formed in 1844 when Britain was undergoing industrial revolution. As a result of the revolution, a lot of people lost their jobs in the factories as machines were introduced to replace them. In addition to this there was general lack of credit and supply of essential commodities like salt, sugar, flour and cooking fat. Businessmen also took advantage of this situation and started offering impure products at high prices. It is against this background that Rochdale Pioneers decided to draw up some sort of principles which would guide their operation as cooperative society.   These principles were intended for the regulation of cooperative society as indicated by the great stress on the sale of pure products and the sale of goods for cash only. It was therefore found necessary to formulate the principles for adoption by other types of cooperatives. The International Cooperative Alliance (ICA) Commission of 1966 adopted the following principles which are genuine for the running of a genuine cooperative society:- Open and voluntary membership, democratic administration (one man, one vote), limited interest on share capital, payments of dividends and bonuses to members, promotion of education and cooperation with other cooperatives at local national and international levels. According to Ouma (1980), the traditional cooperatives have been in existence in Kenya, as it has been elsewhere, from time immemorial. Examples of such cooperative practices are to be found in Kenya. The group association is normally based on lineage according to the natural geographic environment in which the members of the group are born. This is usually based on clan or people who live within the same village. It can be stated with fair amount of certainty that the   traditional forms of cooperation do generally speaking, form the basis for the establishment of modern cooperative organizations. There is for instance in Luo, Saga whereby a group of people do ploughing, weeding or harvest for each member of the group in turn. In Kwath, members of the group look after their cattle together for three or more days consecutively, in turn. In Kikuyu there is what is called ngwatio (Mwethya in Kamba) whereby members of the group get together to build houses for themselves, each member of the group breinging what is required for the construction e.g. grass and poles. When the first house is completed then the members start on the next one. In Kisii, there is what is called obituary wherby men go on a job hunting exercise, and when they kill an animal, they will either divide it or take it home (village) where it mis cooked and eaten communally by all the villagers. Among the Kalenjin there is the practice of Kokwet wherby a group of people   would go out to harvest or weed the garden of their members in turn. The Kalenjin also have Loget whereby the men   go in a joint   effort to kill animals for food. According to Ouma(1980), practically all the ethnic groups in this country, whether small or big, has since time immemorial practiced mutual association in order to satisfy their needs socially, economically or otherwise. It is also necessary to point out that in the traditional forms of cooperatives, in contrast to the modern cooperatives, members had a great sense of commitment and belonging.. They had mutual trust and   were voluntarily involved in their activities and affairs.. It is of course not possible and it may not be expected that with the development of cosmopolitan populations consisting of different ethnic groups and tribes that members can still hold   together without some form of regulations. Hence the necessity to resort to legal reinforcement and education in order to develop efficient cooperative organizations. Although these associations of group effort could be deemed self help which is infect a for of cooperative , it is nevertheless true to say that the modern cooperative movement, born in Kenya during the beginning of twentieth century owed much of the cooperative idea to these earlier practices. It is also true that the modern cooperative associations in this country took a different approach and   mainly because of expediency. Its founders the British settlers- merely wanted to use it as a cheap means of business for easy profit making. They never spontaneously involved the indigenous people who already were familiar with cooperative effort. The early settlers were beset by very many problems as regards their agricultural activities. For instance prices for Agricultural products were very low, transport of the agricultural inputs and outputs to the markets by each individual settler were classical nightmares. Therefore this new system of farming with its large scale production caused the needs for associations by the few European farmers who undoubtedly had conceived the cooperative idea from the British cooperative movement back home. It will of course be recalled that the formal and successful cooperative organisations started in Britain in 1844. In 1908, they resolved to join together at a place called Lumbwa and formed Lumbwa cooperative Society Ltd. Although not registered as such under any cooperative Societies Act, it is deemed to be one of the modern cooperatives in Kenya. The main objective was to purchase merchandise; i.e. fertilizers, chemical seeds, and other agricultural inputs through collective effort, and to market their produce collectively thus taking advantage of the economy of scale. It would appear quite clear at this point that cooperatives in Kenya did not start as a poor mans defensive weapon against the exploitation by the middlemen, as it had started in Europe and elsewhere. It was on the contrary an easier means to enable the white settlers to receive high returns from their agricultural produce. Thus it was rather an economic necessity for the well to do and not the ordinary man with little or no means at all. It will be remembered that during this time, there was no cooperative societies ordinance to regulate and to assist the management of these cooperative efforts in Kenya. It is also not clear whether or   not Lumbwa Cooperative society ltd was registered even under the companies Act, otherwise calling it a co-operative society was misleading. However one thing remains certain, and that is that the settlers wanted to maximize their profits by trading under the pretext of a co-operative organisation, thereby enjoying its privileges. According to Ouma (1980) many self help groups, most of which were very small and un-economic, were started all over the country. But these were not economically viable and consequently had to be amalgamated into larger economic units. These were for instance Kenya farmers association (co-operatives), Kenya planters co-operative union, Kenya cooperative creameries and Horticultural cooperative union. It is a fact that these institutions formed the backbone and the base for formal cooperative movement in this country. These initial cooperative ventures in Kenya were unfortunately not quite in the spirit of the Rochdale Pioneer Cooperative Society. They never for example, observed the principle of membership, for no African could participate in it until later. The need to form formal cooperative organisations arose when some African peasant farmers realized that they were being exploited, especially by the Asian traders who were paying very low prices for their agricultural produce. As early as in the 1930s there were attempts to form cooperatives by the indigenous people of Kenya, in spite of lack of proper guidance. Of these early attempts two examples can be mentioned here, The Taita vegetable company and the Kisii coffee Growers cooperative. The farmers had 239 members and bought 3 lorries at the cost of $1170 out of the profits made from the operations. The group was producing, grading, transporting and selling on the mombasa market over 900,000Lbs of vegetables a year and the growers received over $4,500 out of a gross selling price of $ 6300. This was indeed too substantial an enterprise to be left without a legal basis. It was later registered as cooperative society. The Kisii coffee growers Association which was able to raise from the sale of its coffee a sum of $2470 of which   $1240 was paid out to the 251 members who had cultivated only 159 acres, but had already accumulated a surplus of $1065. In 1994, the British Colonial Office in London appointed Mr. W.K.H Campbell to come to investigate the possibilities of African participation in the cooperative organisations. He carried out his investigations by touring and visiting many towns and districts in the republic of Kenya and talking to the people. After all his investigations Mr. Campbell submitted his recommendations that subject to availability of capable staff attempts to organise cooperatives were worth while. It was also during this time that the first African Mr. Eliud Mathu was nominated to the legislative assembly, as the Kenya parliament was called then. He demanded in parliament and such people as Ex chief Koinange from outside, that the Government should come out openly to encourage African participation in the cooperative movement. It was as a result of Campbells recommendation that the cooperative societies (Registration) Amendment, Ordinance of 1932 was repealed and the cooperative societies Ordinance of 1945 was enacted under Cap. 287. It was as a result of this new ordinance that the department of cooperatives was created, although it was placed under different ministries at various times. Consequent to the establishment of the department, a registrar ( now called commissioner for cooperative Development) was appointed and together with his staff was responsible for registration and promotion of cooperative societies in the country. The 1945 cooperative societies ordinance further gave the registrar certain powers over cooperative societies, for example refusal to register a cooperative society, cancellation of certificate of registration, to audit societys books of accounts, authority to inspect books of society, authority to settle disputes in cooperat

The Old Barn Essay -- Descriptive Essay Examples, Observation

The Old Barn Having a special place is like having an invisible friend. It means the world to you, but nothing to the guy next door. It is not so often I get an opportunity to sit down and really see what is out there. I am able to sit in my special area in total peace and quiet for as long as I choose to do so. Anyone with noisy roommates knows just what I am talking about. Peace and quiet with kids in the house is extremely limited and you will usually do anything to be able to enjoy the silence. Having a place of my own is very special. It allows me to do the vast amounts of activities that I am not able to do in normal everyday life such as reading, thinking, and just being alone. I always go to a special barn when I want time to myself. No one ever knows I am out there and wouldn't even think about coming there to look for me because it is so dirty and old. The barn is quite a good distance away from the house. Making it even more secluded and empty. I can't hear or see any of my relatives from the window in the ban, which is an extra bonus for me. As I look at my barn I can tall it is very old and very run down. it hardly gets used and is full of old tractors. Relatives, now, that says a lot right there. Yes, I have them too. Those really nice relatives that tease me all the time because they still feel like I am just a little brat because I am so much younger then them. Those uncles that still talk to me like I just popped out of my mother's stomach. This is always and will always be a great reason for me to leave any area where anyone related to me happens to be. If you are in my shoes you are stuck in the middle of all of your relatives. Half of them are five or more years older then... ...communication between me and any other humans. This is my time, I do not have to live by the statement "you are on my time now", because this is my time and only my time. I can act as I please , think as I please, and be who I please. For this one single moment in time when I am in my special place I can go by my own rules. It is almost like for once you are your own boss and you live in your own little world, ruling just yourself. These are the reasons why I need my special place. Without a place to go I would probably have an ulcer. I believe that everyone needs a place to go to get away from it all. It is an opportunity to explore a new and unique world all of my own. I can enjoy activities that I once got to enjoy when I was a kid, I can think through all the problems in my head, and most of all, I can get away from those people who give me the ulcer.

The Mexican War :: Texas Revolution Papers

Beginning in 1845 and ending in 1850 a series of events took place that would come to be known as the Mexican war and the Texas Revolution. This paper will give an overview on not only the events that occurred (battles, treaties, negotiations, ect.) But also the politics and reasoning behind it all. This was a war that involved America and Mexico fighting over Texas. That was the base for the entire ordeal. This series of events contained some of the most dramatic war strategy that has ever been implemented. What Caused This War? In 1845 the U.S attempted to Annex Texas. Basically America wanted Texas to become one of the states rather then and independent nation by itself. At this time Texas was an independent nation that was not a part of America or Mexico. Mexico wanted to keep Texas neutral if not a part of its own country. When the U.S attempted to annex Texas Mexico became outraged, " In November 1843 Mexico had warned that if the United States should commit the 'unheard-of aggression' of seizing an integral part of 'Mexican territory' Mexico would declare war " (Bound for the Rio Grande, 62). Despite the warning the U.S attempted to annex Texas. In doing so Mexico retaliated by breaking off all diplomatic relations with the U.S. Mexico felt that the U.S was insulting them by not taking them seriously when they threatened with war. So at this point America showed a very large interest in possessing Texas. America was very close to actually acquiring Texas when they made their first mistake in the war. The U.S requested the also be given the Rio Grande. The Rio Grande was south of Texas and clearly belonged to Mexico (refer to figure 1). The U.S felt that the Rio Grande was part of Texas and should be given to the U.S with Texas. Mexico would not give up the Rio Grande because they were certain that the Rio Grande belonged to them. America's greed is THE major reason this conflict occurred. The U.S also believed the Mexico should have to pay for any of the U.S's debts that were incurred during Mexico's conflicts with Spain. America was in debt 3 million dollars because of the Mexico and Spanish conflicts and America very strongly believed that these debts were Mexico's fault and they should have to pay for them.

What Style Do I Have? :: Writing Education Essays

What Style Do I Have? A paper on style. What style's are going on around me? What style do I use? What is my written style? And what is my spoken style? In this English class, the style is the anti-Official Style. The Official Style has become a plague that everyone runs from. While running we develop our own style. In psychology class, or history or geography class, it is usually the Official Style. It's as if the professors say "I have a PhD, so it is necessary that I communicate in a fashion that will accentuate the intelligence that I have acquired from years of studious behavior." What is my style? My style is a "not trying to be official style" style. It's like starting to relearn a language a person was born into and forgot. The two languages start to intermingle. Some words are in one language and some in the other. The official style is similar. Some sentences are not written in the official style and some seem to creep in. When I'm in the mood for it, I kind of like the official style. If I feel like teasing my brain, I grab the closest psychology journal. I then meander through an article or two and my craving subsides until a future unknown date. It's also very comfortable writing in the official style. I guess I've done it for so long it comes naturally. I write my psychology papers in the official style because they sound so much more educated. The goal is to write something that a person has to read three or four times to understand. I don't usually talk using the official style. When I'm talking to my friends I use an unguarded style, although this does have levels to it. I have terrific friends, good friends, and not so good friends. The terrific friends I can say almost anything to. The good friends, I can tell some things to. The not so good friends, on the other hand, I don't tell much. But I still tell more to the not so good friends than I would to others that I don't know very well. The reason that I can tell my friends more than others who I don't know is because I don't have to worry about what they think of me. They already know me. I use an intimate style when I'm talking to my wife. What Style Do I Have? :: Writing Education Essays What Style Do I Have? A paper on style. What style's are going on around me? What style do I use? What is my written style? And what is my spoken style? In this English class, the style is the anti-Official Style. The Official Style has become a plague that everyone runs from. While running we develop our own style. In psychology class, or history or geography class, it is usually the Official Style. It's as if the professors say "I have a PhD, so it is necessary that I communicate in a fashion that will accentuate the intelligence that I have acquired from years of studious behavior." What is my style? My style is a "not trying to be official style" style. It's like starting to relearn a language a person was born into and forgot. The two languages start to intermingle. Some words are in one language and some in the other. The official style is similar. Some sentences are not written in the official style and some seem to creep in. When I'm in the mood for it, I kind of like the official style. If I feel like teasing my brain, I grab the closest psychology journal. I then meander through an article or two and my craving subsides until a future unknown date. It's also very comfortable writing in the official style. I guess I've done it for so long it comes naturally. I write my psychology papers in the official style because they sound so much more educated. The goal is to write something that a person has to read three or four times to understand. I don't usually talk using the official style. When I'm talking to my friends I use an unguarded style, although this does have levels to it. I have terrific friends, good friends, and not so good friends. The terrific friends I can say almost anything to. The good friends, I can tell some things to. The not so good friends, on the other hand, I don't tell much. But I still tell more to the not so good friends than I would to others that I don't know very well. The reason that I can tell my friends more than others who I don't know is because I don't have to worry about what they think of me. They already know me. I use an intimate style when I'm talking to my wife.

Us History Civil War Dbq

James Richards Harris 3rd The Fatal Flaws of the Constitution (DBQ) During the 1850’s, the supreme and absolute Constitution, which had previously seen no topic it couldn’t resolve or illuminate in the eyes of its interpreters, was faced with its toughest, unrelenting foe; the issue of slavery, and the locations that it existed in or was desired to exist in. Ultimately, this issue led to the demise of the Union that had been created under the watchful and guiding eye of the Constitution. This decade in particular was brimming with the reoccurring argument of whether or not slavery would be allowed to expand into any newly-acquired United States territories. The sectional discord that resulted between the South and the North as a result of this argument ended in secession, disunion, and eventually war. The flaw of the Constitution existed not in its clear and over-comprehensive guidelines for the Union, but rather in its ambiguity over the rarely discussed topic of slavery. In fact, it was so infrequently discussed because in 1839, Congress had passed a â€Å"gag rule† that prohibited any debate about, reading of, printing of, or reference to slavery. There was such a state of ambiguity on the subject that each side, North and South, found the Constitution as both a helpful tool to prove that they were in fact in the right and the other side in the wrong. By 1850 sectional disagreements centering on slavery were straining the bonds of union between the North and South due to the Compromise of 1850 (doc A). These tensions became especially acute when congress began to consider whether western lands acquired after the Mexican War would permit slavery under popular sovereignty. In 1849 California requested to enter the Union as a free state. Adding more Free State senators to Congress would destroy the balance between slave and free states that had existed since the Missouri compromise of 1820. The compromise essentially erased the effects of the compromise by allowing the balance of free and slave state to potentially be broken. The Sectional sentiment that was aroused by the compromise of 1850 is obviously present in a letter from an anonymous Georgian (doc B). In his â€Å"plain words for the north†, the Georgian emphasizes that the constitution â€Å"recognizes slavery where it exists† and that unless the same view was accepted by the North the destruction, â€Å"the destruction of the constitution is inevitable†. However in a document by William Llyod Garrison (doc E), Garrison, an extreme abolitionist whose motto was â€Å"no union with slaveholders†, argued that the constitution â€Å"never intended to give any protection or countenance to the slave system†. Thus the question of whether or not the constitution protected slavery arose. Since the framers of the did not explicitly condone or embrace slavery, the decision was left to congress, the president, and the courts to decide. Although salvery was not mentioned in the Constitution, the context of it essentially supports slavery- many of the signers were slave owners. However, northerners such as Emerson (Doc D), who addressed the fugitive slave law, argued that slavery was immoral and foresaw the ending of the Union. Southerners on the other hand, saw slavery as their naturall right and regarded the three-fifths clause as evidence that slaves did not hold the rights of citizens. Sountherns were aided in their argument by the Dred Scott decision in the Supreme Court, which ruled that African Americans had no civil rights, and the Missouri Compromise was unconstitutional. Although the decision was made on the basis of the interpretation of the Constitution, it also reflected the susceptiballity of the court to be influenced by personal views and politics due to the fact that several of the judges were slave owners. Even though the court decision settled the question of slavery explansion and strengthened the souths position, it irnonically fueled the republican movement after the defeat of the Lecompton constitution to establish equitable voting methods. After Lincolns election South Carolina, which saw secession as the only alternative left to protect their way of life and liberty, challenged federal authority and attempted to coerce other southern states to join them. On February 7, 1871, seven slave states declared independence, joined the confederate states of America and elected Jefferson Davis as president. In davis’ message to Confederate Congress (Doc H), he expressed his view that the constitution set up a compact between independent states, rather than a national government made up of states. The misconception that the Constitution set up a national government, he said, was the perception of a certain political school in the North. In contrast, Lincolns message (Doc I) questions how the southern states could withdraw from the Union without the consent of the other states. As these two documents have pointed out, the different interpretations by which the Northerners and Southerners interpreted the Constitution was one of the main sources of sectional discord and tension. Despite efforts at preserving the Union, social and economic forces were pulling the North and South apart. Northern society was beign cultured by the industrial revolution, and by educational and humanitarian movements that had little effect in the South. Southern society was dominated by agriculture, and therefore slavery was a necessary institution and way of life. Since the North and South were essentially two different societies united under one common law, it seemed inevitable that the conflict over slavery and states rights would arise. It would have been impossible to accommodate the differences between the North and South under one law that applied to both. So while the constitution was originally framed as an instrument of national unity there was no possible way for it not to divide the nation with two entirely different societies. Therefore the only solution to save the union was not to abolish the constitution, but to either abolish or accept slavery.