HOW TO REGISTER A FOREIGN/INTERNATIONAL NON GOVERNMENTAL ORGANISATION/THEIR BRANCH 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. Foreign NGO members should convene a meeting wherein they should agree and resolve to register their NGO chapter/branch in Kenya
3. In the same meeting they should propose three NGO names.
4.  The resolutions of the meeting should be reduced in writing and members sign against their names.
5.  Obtain recommendation letter from the country of origin where the NGO operates from.
6. If the promoter is already in Kenya, she/he can obtain the recommendation letter from their embassy/diplomatic mission in kenya.
7. Have the recommendation letter notarized by a notary public from where it was issued from.
8. As NGO obtain a letter from your headquarters authorizing to operate another branch in Kenya.
9.  Have the letter also notorised by a notary public from where it was issued from.
10. Obtain recommendation letter from Kenya’s diplomatic mission in the country where the foreign organization originates if possible. Make a copy of the constitution/by laws/rules of foreign organization.
11.  Proceed to certify a copy of the constitution/by- laws/rules of foreign organization at the forum it was registered in the country of origin.
12. Take the certified copy of the constitution/by- laws/rules of foreign organization for notorising by a notary public in the country of origin.
13.  Get a local partner/representative with whom you intend to operate the organisation .
14.  Proceed to execute memorandum of understanding between yourself as a foreign ORGANISATION and the local partner/representative / promoter.
15. Execute a memorandum of Understanding between the Organization and the relevant line Ministry in Kenya if advised.
16. Obtain certificate of no criminal record/certificate of good conduct from the country of origin in respect with the promoters.
17. Photocopy qualification documents including evidence of work experience of foreign workers/volunteers coming to work in Kenya if possible.
18.  Photocopy documents showing the immigration status of the foreign promoters.
19.  Have Curriculum Vitae of the foreign promoters and expatriates intending to work for the organization in Kenya.
20. Proceed to obtain reservation of name Form 2 (F-2)..
21. Make an application for reservation of a name by filling in accordingly
22. Fill in the proposed name on the reservation form and have it assessed for reservation fee
23.  Pick assessed slips and pay accordingly
24. 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•
25. Name search shall be conducted to ascertain its availability
26. The proposed NGO name is reserved for you /registered
27. 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.
28. Fill Application Form A which should be duly completed and signed by at least two promoters of the proposed NGO.
29. Prepare the following
30. Copy of Name Reservation Form (Form 2) duly approved and paid for
31.   at least three copies of the constitution based on the consensus of the NGO members in the meeting signed accordingly on each page .
32.   work plan of how they intend to carry out their activities for the first year of operation including the budget and source of funds.
33.   Administrative chart showing its organization structure.
34. Copy of Name Reservation Form (Form 2) duly approved and paid for
35. 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.
36. Proposed one year budget
37. 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.
38. Copy of ID/Passport and KRA PIN Certificates for the 5 proposed officials and Board members. At least One third (1/3) of all the board members MUST be Kenyan for all foreign based NGOs.
39. Pay NGO registration fee.
40. write A letter requesting registration addressed to the executive director of the NGO COODINATING BOARD
41. Compile all the documents above in one file with the particulars of the proposed NGO on top of the file.
42. Proceed to pay registration fee at the bank as advised.
43. Submit the complied document in a file together with payment receipts to NGO board
44. The board shall sit and consider your application for registration of NGO.
45. 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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