NGO Regulation Network
Sharing good ideas for regulation nationally, regionally and internationally
Kenya
Kenya has a vibrant civil society and acts as a regional hub for many international NGOs operating in the area.
Civil society organisations may be registered as non-profit companies, trusts, societies, community-based organisations or as NGOs (as defined by the 1990 Act –more information on this below).
Legal Framework
NGOs are registered under the NGO Coordination Act 1990 and 1992 Regulations with the NGOs Coordination Board. The Act and Regulations also set out the role of the self-regulatory body the NGO Council.
The NGO Code of Conduct
which was formerly adopted as part of Kenyan law in 1995 sets out the functions and responsibilities of the NGO Council, as well the standard of conduct NGOs themselves must observe.
Non-profit companies are registered under the Companies Act 1959 with the Registrar of Companies.
Societies are registered under the Societies Act 1968 and register with the Registrar of Societies
Trusts are formed under the Trustees (Perpetual Succession) Act 1982 and register with the Ministry of Lands.
Regulatory Framework
The primary regulators are as follows:
Reporting Requirements
The NGOs Coordination Board requires NGOs to submit Annual Returns within three months of the completion of their financial year. Returns are subject to a KSHs 1,000 filing fee. Organisations with annual incomes of KSHs. 1 Million also required to submit audited accounts to the Board.
The Board publishes a list of those NGOs who do not submit their Returns on time on its website.
Government - NGO policy
The Sessional Paper 2006 outlines the Government's position on civil society and issues that need to be addressed. This is the basis of the ongoing review of the current legal framework.
The NGO Sector
Accessing the database of NGOs:
The NGO Coordination Board has around 6,000 NGOs on its register which can be viewed online
Self-regulation
There are many umbrella bodies working regionally and thematically to represent their members and strengthen the capacity of civil society. Such bodies include among many others:
The National Council of NGOs - This was established by the NGOs Coordination Act No. 19 of 1990 as the national self-regulatory body for NGOs operating in Kenya.
The National Civil Society Congress - The National Civil Society Congress is a representative and legitimate voluntary Civil Society membership umbrella body. Among its core objectives is to provide and function as the platform for all Civil Society (CS) sectors to interact, share information and harmonize their interventions and proactive approaches on key national issues. Some users experience problems accessing their website.
CRECO – A national organisation involved in coordination and capacity building of civil society.
PEACENET Kenya – A national umbrella body of NGOs, organisations and individuals supporting human rights, peace and reconciliation, justice and conflict resolution in Kenya.
NCBO council –An umbrella body for Community Based Organisations.
KANCO - A consortium of civil society organisations, private sector and research institutions involved in HIV, AIDS and TB activities in Kenya.
Independent Analysis of the sector
The Operational Environment and Constraints for NGOs in Kenya: strategies for Good Policy and Practices by Dr Patricia Kameri-Mbote. International Environmental Law Research Centre Working Paper 2000
"Kenya" in Global Civil Society, Dimensions of the Nonprofit Sector, Vol. II (2004) Centre for Civil Society Studies, Johns Hopkins University
The Work of the International Programme in Kenya
The International Programme has been working in Kenya since 2004 providing technical assistance and support to the NGOs Coordination Board. We are currently working in partnership with the NGOs Coordination Board, Poverty Eradication Network, a Kenyan-based civil society organisation, and the International Center Not-for Profit Law to review, design and implement a more effective and enabling legal framework governing NGOs based in Kenya.
For more information about our work in Kenya, please contact Sarah Jane Digby at sarahjane.digby@charitycommission.gsi.gov.uk