HOW TO REGISTER A LOCAL NON GOVERNMENTAL ORGANISATION (NGO) IN KENYA.

LAWS applicable

1. The Constitution 2010
2. The NGO’s Act 1990
3. Amended NGOs Act 1990
4. The PBOs Act 2013

B. Subsidiary Legislation
1. NGOs Regulations 1992
2. Legal Notice No. 33 of 2012
3. Code of Conduct 2005

C. Related Statutes
1. Public Procurement and Disposal Act 2005
2. Income Tax Act 2007
3. Proceeds of Crime and Anti Money laundering Act
4. Ethics and Anti Corruption Commission Act 201

  1. The Non Governmental Organizations in KENYA are regulated by the NGO’s Act No. 19 of 1990 among others  . The Act governs the registration, management and governance of Non Governmental Organizations.
  2. Call for a meeting of members to agree on the name of the NGO, objectives of the NGO, how to operate the proposed NGO.
  3. Proceed to obtain reservation of name Form 2 (F-2)..
  4. Make an application for reservation of a name by filling in accordingly
  5. Fill in the proposed name on the reservation form and have it assessed for reservation fee
  6.  Pick assessed slips and pay accordingly
  7. Submit both the payment receipt and reservation of name form duly filled for reservation of NGO name at the offices of The Non-Governmental Organizations Co-ordination Boar
  8. Name search shall be conducted to ascertain its availability
  9. The proposed NGO name is reserved for you /registered
  10. Obtain registrations forms from The Non-Governmental Organizations Co-ordination Board at afee i.e.   Form 1 Register of Non-Governmental Organizations,  stating the organizations contact person. This form gives notification of location of the office and the postal address of the proposed organization and  Form 3 Application for Registration and submit two copies in original Forms providing Information on contact details of the proposed organization, details of the 3 top officials, the charitable objective of the organization and list of other board members.
  11. Fill Application Form A which should be duly completed and signed by at least two promoters of the proposed NGO.
  12. Prepare the following
  13. A valid certificate of Good Conduct including the finger prints and receipts
  14. Copy of Name Reservation Form (Form 2) duly approved and paid for
  15.   at least three copies of the constitution based on the consensus of the NGO members in the meeting signed accordingly on each page .
  16. The members should read through the draft constitution to confirm the content therein and append their signatures against their names and signed by both the proposed three (3) officials and the two (2) board members Two (2) copies must be submitted).Please note that all the two (2) constitutions must be signed by all the proposed board members on the execution page and by at least one of the proposed officials on each and every page.
  17.   work plan of how they intend to carry out their activities for the first year of operation including the budget and source of funds.
  18.   Administrative chart showing its organization structure.
  19. Copy of Name Reservation Form (Form 2) duly approved and paid for
  20. 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.
  21. Proposed one year budget
  22. Two colour passport size photographs on a white background (2 by 2 inches) of the proposed 3 officials and two other board members with their names and organization written at the back.
  23. Copy of ID/Passport and KRA PIN Certificates for the 5 proposed officials and Board members..
  24. Pay NGO registration fee.
  25. write A letter requesting registration addressed to the executive director of the NGO COODINATING BOARD
  26. Compile all the documents above in one file with the particulars of the proposed NGO on top of the file.
  27. Proceed to pay registration fee at the bank as advised.
  28. Submit the complied document in a file together with payment receipts to NGO board
  29. The board shall sit and consider your application for registration of NGO.
  30. If the board is satisfied with your application for registration, it will issue certificate of registration in a prescribed form.

Author is A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS
Email address: onlinetransactionconsultancy@gmail.com.

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NOTE: whereas the author has made necessary efforts to ensure the accuracy of this post, it is not intended to provide specific legal advice to a particular individual as individual situations may differ.

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