INSIGHTS

THE REGISTRATION OF NOT-FOR-PROFIT ORGANISATIONS IN KENYA

Legal Alert 5 - The registration of not-for-profit organisations in Kenya

There are four main types of non-profit organizations that can be registered in Kenya:

• Society: This is the simplest type of non-profit organization to register, but it does not have legal status. The registration, conduct, and Administration of Societies in Kenya is governed by the Societies Act Cap 108 of the Laws of Kenya. This falls under the Registrar of Societies, within the Office of the Attorney General.
• Company limited by guarantee: This type of non-profit organization has legal status and can enter into contracts and own assets. Companies Limited by Guarantee are provided for under the Companies Act Cap 486 laws of Kenya.
• Charitable trust: A Charitable Trust is an entity created to hold/manage property on behalf of and for the benefit of others. They are intended to benefit the public at large or an appreciable portion of the public. Trusts in Kenya are provided for and established under the Trustee (perpetual Succession/ Trustee)Act.
• Non-governmental organization (NGO): This is the most common type of non-profit organization in Kenya. The foundation can also be Registered as a Non-Governmental Organization. This would be the best advised of all the other processes given the length of time, limitations on Legal status and stringent registration requirements posed by the other options available.

The requirements for registering each type of non-profit organization vary. However, all types of non-profit organizations must have a constitution, which is a document that outlines the organization's purpose, structure, and rules.

_Legal Alert 5 - Registration of not for profit organisations.pdf