How To Register An International NGO In Kenya
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The registration process, compliance matters and what entails in the process of registering an international NGO in Kenya
Guiding legislation is the Non- Governmental Organizations Coordination Act, No. 19 of 1990. The Public Benefit Organizations Act, 2013 commencement date has not been gazetted.
Registration of an International NGO – Requirements / Checklist
- Authority letter from the main NGO – authorizing establishment of a Regional Office in Kenya
- Board Resolution
- Board meeting minutes
- Provision for a governing body consisting of not less than five persons, three of whom shall not be related to each other;
- Have at least one third of its directors who are Kenyan citizens and who are resident in Kenya
- Specify the authorized agent, being a Kenyan citizen, upon whom official notices, summonses and other process may be served;
- Photographs of top three (3) Officials
- Copies of Passports / Identity Card of the three Officials
- Projected Budget for one year
- A Notarized copy of the Registration Certificate of the Parent NGO
- Constitution
- Registration fee
NGO Registration Process
- Name Search / Reservation at the NGOs Board
- Purchasing of the registration form
- Drafting of the Board Resolution from the Minutes where Registration of the NGO in Kenya was discussed
- Collection of data / information on the Officials of the NGO
- Filing out of the registration Forms and have them ready for signature the Officials
Constitution
- Drafting of the constitution
- Review of the constitution
- If constitution is acceptable with the organization, forward to the NGOs Board for pre-approval before formal lodging of the application
- Receive and review comments from the NGOs Board
- Obtain approval of constitution from NGOs Board
- Print out and bind final constitution for signature
6. Formal filing of the application for registration with the NGOs Board
7. Obtain letter from the NGOs Board acknowledging receipt of the application for registration
8. Follow-up with the NGOs Board when the certificate of registration is ready for collection by one (1) Official
Compliance Matters
After obtaining of the Certificate of Registration, apply for the other statutory registrations i.e.
- Kenya Revenue Authority (KRA) PIN (1 day)
- National Social Security Fund (NSSF) (2 days)
- National Hospital Insurance Fund (NHIF) (minus investigative visit - 1 week)
- National Industrial Training Authority (NITA) (1 week)
Annual Returns
All registered NGOs are required to file their Annual Returns three (3) months after the year end – previously, were required to file by 31st May of every year.
- Fill out Form 14 (Annual Report)
- Copy of audited signed accounts
- Filing fee
Note: If the accounts are not ready, one can use drafts to file the returns.
Penalties
- Non-compliance or failure to file by the due date attracts a penalty of Kshs 25,000/= per year
- The NGO may be de-registered if it has not complied for many years
The NGO must notify the NGOs Board whenever there are any changes during operations.
