REGISTRATION OF NGOs IN KENYA

NGOs  in Kenya are generally governed by the Non-Governmental Organisations Co-ordination Act, 1990. The Act defines a Non Governmental Organisation as 'a private voluntary grouping of individuals or associations, not operated for profit or for other commercial purposes but which have organized themselves nationally or internationally for the benefit of the public at large and for the promotion of social welfare, development charity or research in the areas inclusive of, but not restricted to, health, relief, agriculture, education, industry and the supply of amenities and services.'

Registration of NGOs is basically expressed under Part III of the Act. The steps involved in the Registration of an NGO in Kenya is as stipulated below:

• Name Search: This is done by filling Form 2 and upon payment of the application fees, the name search is conducted and once approved the name is reserved for a period of thirty (30) days.

• Once a name has been reserved the next step is filing a formal application for registration, this is done by filling Form 3 (in triplicate) in original forms to be submitted to the executive director of the Bureau in the prescribed form.

• A duly filled Form 1, just one copy basically stating the contact person of the organisation.

• Copy of National Identity Cards/Passports and PIN Certificates for the proposed officials and Board members.

• Two (2) colored passport size photographs on a white background (2 by 2 inches) of the proposed officials and board members with their names and organization written at the back.

• For Kenyan citizens a Copy of a police clearance certificate of Good Conduct including the finger prints and receipts and for foreigners a notarized clearance certificate from their Country should be provided. (not more than six(6) months old).

• Two (2) Copies of the Constitution of the proposed NGO, duly signed  by the proposed officials and two board members.One of the proposed officials must also execute each page of the Constitution.

• Proposed One(1) Year budget of the NGO.

• A forwarding letter addressed to the Executive Director requesting for registration.

• It is a requirement that for foreign based NGOs, at least 1/3 of the board members must be Kenyan Citizens.

• Minutes authorizing the filling of the application with a specific agenda and resolution to register the organization as an NGO with the NGOs Board. Election of the interim officials MUST form part of the Agenda.

• Processing fees must accompany the application which is usually Kshs. 16,000/- for National NGOs and Kshs. 30,000/-for foreign NGOs.

Every Non-Governmental Organization registered is then issued with a certificate of registration which serves as conclusive evidence of authority to operate throughout Kenya or such parts of the country as are specified therein. 

Registration however is not guaranteed, the Board as provided under the Act can refuse to register an NGO for the following reasons:

a) its proposed activities or procedures are not in the national interests; or

b) the applicant has given false information in the application; or

c) it is satisfied on the recommendation of the National Council Organizations, the applicant should not be registered. 

NOTE: For any enquiries on the same please do not hesitate to contact us on legalserviceskenya@gmail.com