NGO Registration in Kenya

Non-Governmental Organizations (NGOs), also known as civil society organizations, are non-profit, non-governmental entities that operate independently of government control. They are driven by a mission to address societal needs and promote social justice, human rights, and development. NGOs typically rely on private donations, grants, and partnerships with international organizations to fund their activities.

Types of NGOs

NGOs can be classified into different types based on their focus and objectives. Some common types of NGOs include:

1.      Charitable Organizations

These NGOs primarily focus on providing assistance, support, and resources to vulnerable populations, such as the poor, homeless, orphans, and disabled individuals. Their activities often involve providing food, shelter, healthcare, education, and other essential services.

2.      Advocacy and Human Rights Organizations

These NGOs work tirelessly to promote and protect human rights, gender equality, access to justice, and social justice. They engage in activities such as public awareness campaigns, lobbying policymakers, and legal advocacy to bring about systemic changes.

3.      Development Organizations

These NGOs are actively involved in sustainable development projects aimed at improving various aspects of communities, including education, healthcare, agriculture, infrastructure, and economic opportunities. Their efforts are geared towards fostering long-term positive changes and empowering local communities.

4.      Environmental and Conservation Organizations

These NGOs focus on environmental protection, conservation of natural resources, wildlife preservation, and raising awareness about climate change and sustainability. They engage in activities such as environmental education, conservation projects, and policy advocacy to ensure a more sustainable future.

5.      Research and Policy Organizations

These NGOs conduct research, gather data, and provide evidence-based recommendations to inform policymaking and improve governance. They play a critical role in shaping public policies and ensuring evidence-based decision-making in various sectors.

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NGO Registration Requirements in Kenya

Registering an NGO in Kenya requires compliance with the provisions of the National Government Co-ordination Act and following the necessary steps outlined by the Non-Governmental Organizations Co-ordination Board  (NGO Board). The registration process involves the following steps:

a)      Name Reservation

Choose a unique name for the NGO and reserve it with the NGO Board. The name should not resemble that of an existing NGO or be prohibited by law. Applicants are required to propose three names in order of priority for the organization to be registered. This process is done through Form 2 (F-2) and requires payment of a processing fee. The reserved name is valid for 60 days, and it can be renewed for an additional 60 days by paying a prescribed fee.

b)     Registration Application

Once the name is reserved, the applicant needs to file a formal application for registration. The registration requirements include:

1. • Filling out the original Forms (Forms 1,2 and 3), providing information on contact details of the proposed organization, details of the three top officials, the charitable objective of the organization and list of other board members..
   • Filling out Form 1, which states the organization’s contact person.
   • Providing colored passport-sized photographs (2 by 2 inches) on a white background for the three proposed officials and board members, with their names and organization written at the back.
   • Submitting copies of ID/Passport and KRA PIN Certificates for the five proposed officials and board members.
   • Ensuring that at least one-third (1/3) of all the board members are Kenyan citizens for foreign-based entities.
   • Submitting a valid police clearance (certificate of Good Conduct) for Kenyans and an equivalent notarized clearance certificate for foreigners, issued within the last six months.
   • Submitting three signed copies of the proposed NGO’s Constitution, duly signed by the officials and board members.
   • Providing minutes authorizing the filing of the application, including a specific agenda and resolution to register the organization as an NGO. Election of interim officials should form part of the agenda.
   • Preparing a proposed one-year budget.
   • Preparing a forwarding letter and ensuring that all the applications contain original signatures of the officials and members as applicable.

All applications should either be typed or filled in block letters.

c)      Submission and Review

Through the forwarding letter addressed to the Executive Director requesting for registration, submit the completed forms and supporting documents to the NGO Board for review. The board will assess the application for compliance with the NGO Act and verify the submitted information.

d)     Issuance of Certificate

Upon successful review and approval, the NGO Board will issue a Certificate of Registration. This certificate confirms the legal existence of the NGO and allows it to operate within the provisions of the NGO Act.

Compliance Requirements

After registration, NGOs in Kenya have compliance requirements to maintain their legal status and continue their operations. These requirements include:

a)      Annual Reporting

NGOs must submit annual audited financial statements, including an income and expenditure account, balance sheet, and auditor’s report, to the NGO Coordination Board. This reporting should outline the organization’s activities, financial transactions, compliance with legal requirements, and achievements during the reporting period.

b)     Annual Returns

Registered NGOs are required to submit an Annual Report, using Form 14, within three months after the end of their financial year. The report should respond to specific questions related to the NGO’s activities, financials, board meetings, general meetings, changes in officials, tax exemptions, work permits, and contact information.

c)      Reporting Changes

NGOs must seek approval from the NGO Coordination Board before making changes to the organization’s name, constitution, officers, financial year, banks, signatories to accounts, and physical or postal address. Any changes should be communicated using the appropriate forms and procedures.

d)     Work Permits

Registered NGOs have the privilege of applying for work/entry permits for their employees. To do so, they need to seek letters of recommendation from the NGO Coordination Board. However, NGOs are limited to having a maximum of three employees on work permits at any given time.

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Should you require guidance or have inquiries regarding NGO registration in Kenya, please don’t hesitate to reach out to us. You can contact us via email at the following addresses: info@dmklaws.co.ke and dmklaws@gmail.com.