How to register a charitable organisation/NGO in Kenya. National Environment Management Authority of Kenya 3. Under the Insolvency Act, companies limited by guarantee may be liquidated either voluntarily or by order of the High Court. Our economic inclusion programs ensure that refugees have economic opportunities to earn sustainable income and start their lives anew. The majority of the community-based NGOs have created a better environment for the inhabitants of the regions they represent. Such income is exempt from tax only if it meets the criteria in the previous paragraphandif one of the following is true: (a) The business is carried on in the course of advancing the organization's stipulated purposes; or, (b) The business is conducted mainly by beneficiaries of those purposes; or. [6]. A company limited by guarantee cannot be a private company (Kenyan Companies Act Section 9). Forestry. The definition specifically excludes companies; trade unions and their branches; cooperatives; corporations; firms, associations, or partnerships carrying on business for profit; schools; building societies; banks or international organizations of which Kenya is a member. Generally, a legal entity, upon its establishment and (where required) registration, can undertake any legal activity. Opinion: African countries must support the actions of CARs legitimately elected President Touadera. Baraka fled his home in Rwanda and wound up in Kenya, where many LGBTQ people from East Africa have gone to escape persecution. The organization also engages in several programs including; To get in touch with the organization for donations, to know more or join them, use the following contacts; Asante African Foundation is a non-profit organization that was founded in 2006 with the aim of educating the African youth to be able to face challenges and opportunities in life. Program Coordinator - The DISC INITIATIVES, Skype: charles_ochieng or charles.ochieng9, https://www.linkedin.com/organization/17997842/admin/updates, https://www.instagram.com/discinitiatives/. All of these forms are issued after paying Ksh.400. The PBO Act provides for preferential treatment under VAT and customs duties for imported goods or services that are used to further an organizations public benefit purposes (PBO Act Second Schedule Para. Fishermen from Kuruwitu & The community receives a new boat. That is why many people are busy looking for NGOs jobs in Kenya. This should include details of the three top officials, the charitable organisation aims & list of additional board members. Within community-based organizations (CBOs), there are many variations in terms of size and organizational structure. Other requirements are: Once you submit all the paperwork, the officials begin the name search that takes half a day, and after the name is approved, it is reserved for sixty days. In addition, while there are significant tax incentives available to organizations registered as NGOs in Kenya under the NGO Act (as set out below), they tend to be illusory in practice. Both the Kenya and Tanzania wildlife societies were formed in 1956 before the merger. The Cradle Childrens Foundation contacts main office, Location: Swiss Cottages (Apartment no. A PBO may not engage in fundraising or campaigning to support or oppose any political party or candidate for appointed or elected public office, nor may it propose or register candidates for elected public office (PBO Act Section 66(3)). We work to advocate and promote durable solutions for refugees, including local integration, safe and voluntary repatriation, and third-country resettlement. Every NGO ought to register with the Kenya Revenue Authority and get a PIN. If the reservation expires, the applicant can extend the period for a further sixty days after paying another Ksh.1,000. You don't have to! For the longest time before Fistula foundation stated its operation Kenya, many womn having fistula suffered silence. Certain foods are also VAT exempt (VAT Act First Schedule Part 1). It should up to date ie not more than six months since the issuance, Constitution of the recommended INGO/NGO must be signed by both the 3 proposed officials and the two board members. The Universities Act 2012 and its implementing rules do not expressly bar acts of discrimination, though Section 3(2)(f) of the Act aims to institutionalize non-discriminatory practices. Trusts not incorporated under the Trustees (Perpetual Succession) Act Cap. During the application process, one ought to provide the following documents: If you want to join the list of NGOs in Kenya, you ought to pay a processing fee of Ksh.16,000. Question: Are CBO's exempted from levies by the City Council e.g. Pay Ksh.1,000 for the name search process. Download and FillForm 3 (2 copies)in original Forms giving Information on address and contact details of the suggested organization. WildlifeDirect 10. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. As a result of increasing cases of Cancer in the country, Africa Cancer Foundation (ACF) was registered on 15th June 2011 to help in reducing and creating cancer awareness. The rules of a society must stipulate the purpose for which funds can be used, and must prohibit distribution of funds to members (Societies Act First Schedule Para. However in 1995, ACC was registered as a charitable organisation or non-profit organization. However, the Act and accompanying regulations do not bar an NGO from undertaking substantial economic activities in pursuit of its purposes. Registration and processing fee of KSH. The Act defines a public benefit activity as one that supports or promotes the public benefit by: enhancing or promoting legitimate economic, environmental, social, or cultural development; protecting the environment; or lobbying or advocating on issues of general public interest or the well-being of a group of individuals or organizations (PBO Act Sections 5(1) and 2(1)). Amref provided mission hospitals with surgical support through the help of a radio network that was developed to coordinate the service and provide communication. 1. These among many other reasons have led to the decreasing population of the endangered wildlife across Africa which include; The AWF focuses on working with governments and communities to protect and manage land and habitat both within and surrounding protected areas for wildlife. Founded in January 2012, We have three projects: North Gem HIV , North Gem Stop Aids now and the Gem water and sanitation project.Our vision is to bring out the best in every one we touch. Mar 1, 2023. Faculty of Arts & Social Sciences, Law, Business Mgt (FoA&SS / FoL / FBM), http://erepository.uonbi.ac.ke:8080/handle/123456789/5112. Kenya, being a dynamic and multicultural country, has positioned itself as the most significant East-African business hub. The council can recommend the suspension or cancellation of an NGO's registration certificate (Code of Conduct Section 20(4)(b); NGO Act Section 16 (1)(c)). A PBO may own and manage property and assets for the accomplishment of its not-for-profit purposes (PBO Act Section 65(3)). Kenya Community Development Foundation Official website "Through the Local Fundraising Course offered by Change the Game Academy (CtGA), the biggest lesson that we have learnt is that there is need to initiate and grow profitable and sustainable investment ventures that contribute towards our objectives for the community center." The purpose of this resource is not to provide legal advice, but rather to give grantmakers and their advisors an opportunity to access potentially relevant materials in a quick and meaningful way. The income of a PBO may include donations of cash, securities, and in-kind contributions; bequests; membership fees; gifts; grants; real or personal property; and income generated from any lawful activities undertaken by the public benefit organization with its property and resources (PBO Act Section 65(2)(a)-(g)). Since 2015, Global Communities has been helping adolescent girls and young women in Kenya thrive through the Determined, Resilient, Empowered, AIDS-free, Mentored and Safe (DREAMS) initiative. Social welfare services provided by a charitable organization are exempt from VAT, provided that the organization satisfies two criteria: (a) It must be registered under the Societies Act or NGO Act, or exempted from registration by the Registrar of Societies or the NGO Coordination Board; and. For all other questions related to accuracy of non-legal resources within Country Notes, please contact Brian Kastner. Doris Kawira. The Act also requires that a company limited by guarantee must attach a statement of guarantee containing the prescribed information to enable the memorandum of associations subscribers to be identified (Companies Act Section 15). Wildlife conservation through partnerships to strengthen institutional arrangements, building community awareness and improving on benefit sharing. Awareness Against Human Trafficking (HAART), Community Support and Enterprise Development Organization, Harvest Biotech Foundation International, Nairobi, NGO increases paternity leave to three months with full pay, Letter of support template for business, funding, grant application, Summary of First UN-Habitat Assembly in figures. Even with her Nobel prize, she never settled for less but worked hard to even the lives of fellow women. Kenya Electricity Generating Company (KenGen) Medici Group Africa Glowbal Digital Mumias Sugar Company Nation Media Group National Oil Corporation of Kenya National Social Security Fund NIC Bank Group Prudential Africa Services Limited Pertom Digital Sameer Group Serena Hotels Standard Group The Standard Kenya Television Network Unga Group ALL RIGHTS RESERVED. 21(1)(b)-(c)). Once issued, tax exemption certificates are valid for a period of five years and are subject to renewal. Leadership and entrepreneurship incubator. African Conservation Centre (ACC) main office contacts in Nairobi Address: PO Box 15289-00509Nairobi, KENYA Telephone no: +254 724 441 677, +254 20 251 2439 EMAIL: [email protected] 10. Under the NGO Act, it is an offence for any person to operate an NGO in Kenya for welfare, research, health relief, agriculture, education, industry, the supply of amenities, or any other similar purposes without being duly registered as an NGO. of 346. thanks for highlighting the history and importance this noble structures play in our community..as a body they have continuously engaged tools of diplomacy in the conduct of their activities which gives the best platforms in addressing the interests of the country. The rapid and unprecedented growth of NGOs in Nairobi and other parts of the world is attributable to the neoliberal orientation among international donors. Furthermore, an NGO's activities must "ensure equality of opportunity for all regardless of nationality, ethnic background, gender, religion or creed" (NGO Council Code of Conduct Section 10(c)). What is the retirement age for civil servants in Kenya? The Employment Act of 2007 addresses discrimination in employment by espousing (i) the promotion of equality of opportunity in employment; (ii) the elimination of discrimination in any employment policy or practice (including against prospective employees: race, color, sex, ethnic origin, HIV status, disability, pregnancy); (iii) equality in recruitment, training, promotion, terms and conditions of employment, termination of employment, or other matters arising out of the employment and (iv) the payment of equal remuneration for work of equal value (Employment Act 2007 Section 5). East African Wildlife Society 7. Accordingly, the PBO Act (Section 70) will repeal the NGO Act once the formers commencement date is published; until then, however, the NGO Act remains the applicable law governing the registration of NGOs. Marine conservation by encouraging the coastal communities to take ownership of marine resources and managing them in a sustainable way. In addition, the Commissioner of Income Tax (Commissioner) must conclude that the income is expended either wholly within Kenya or in ways that benefit the residents of Kenya (Income Tax Act First Schedule Cap. You ought to do everything in person when registering an NGO in Kenya. Funding Opportunities for NGOs, CSOs, CBOs in Africa, Asia and Latin America Available Today - Click Here! In the early 1960s, Amref added land-based health services and mobile clinics. The RefugePoint is inviting proposals for funding support from refugee-serving Community-Based Organizations (CBOs) in Nairobi, Kenya, to strengthen and expand the impact of ongoing projects to advance refugee self-reliance. As such, the provisions of the PBO Act may be subject to change before its commencement. 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CBOs Constitution. For official and accountability the application and any documents required must be submitted with a forwarding letter. Community Based Organization (CBO) in Kenya. Kenyan law does not require trusts or companies to prohibit inurement. Before we look at how to register a charitable organisation in Kenya lets look at the different types of foundations in Kenya. 301-844-7300, Get email updates to stay informed about our work. The NGO Act, which will remain in effect until the PBO Acts official commencement, defines an NGO as a private voluntary grouping of individuals or associations, not operated for profit or for other commercial purposes but which have organized themselves nationally or internationally for the benefit of the public at large and for the promotion of social welfare, development, charity, or research in the areas inclusive of but not restricted to health, relief, agriculture, education, industry, and the supply of amenities and services (NGO Act Section 2). 3. A call for mobilisation to the entire Union. Retrieved December 27 2011 from http://www.answers.com/topic/community-based-organizations-agencies-and-groups. The amendments also introduce and define categories of trusts that can be registered under the Trustees Act. To obtain such exemptions, an application must be made to the Cabinet Secretary for National Treasury through the NGO Board. Each month, GlobalGiving picks an exceptionally high-performing project as the project of the month, and they receive money from donors who belong to our Project of the Month Club. At liquidation the following debts must be paid out in priority to all unsecured debts (Insolvency Act Second Schedule): 1. Because a company limited by guarantee cannot have share capital, it also does not meet the definition of a public company under Section 10 of the Companies Act. This gives them power to influence government policies and political decisions in support of the community development initiatives. GlobalGiving makes it easy and safe for you to give to local projects anywhere in the world. Presentation at the 32nd Annual Meeting of the Urban Affairs Association.Boston,MA: Urban Affairs Association. Kenya Community Development Foundation (KCDF) Contacts, Location: Morning Side Office Park, 4th Floor along Ngong Road, Postal Address: P.O. In desperation, the fishers and other local residents founded the KCW-CBO in 2003 and consequently the first community Marine Protected Area (MPA) in Kenya in 2006. Kenya also has nearly 19,000 stateless individuals, many of whom live in Nairobi or the coastal region. 8-Week Gap Year Adventure in Kenya - Wildlife & Conservation. Societies are registered and regulated by the Registrar of Societies. The four Ps include; In Kenya, the big number of victims are children and the most common forms of trafficking are sexual exploitation and forced labor. Many NGOs depend on donor funds and mostly do not engage in income-generating activities that would require tax payment. Website Feedback International NGOs pay Ksh.30,000. Rue Mauverney 28 The Action Foundation (TAF) centre is charitable of organization incorporated in Kenya to supports young people and children with disabilities. It was established by the Non-Government Co-ordination Act (Cap 19) of 1990. A trust is deemed to be charitable if (i) the charitable objects may be pursued in Kenya or elsewhere;(ii) the objects are beneficial to the general public or a section of the public; (iii) the trust is discretionary; and (iv) the trustee has the power to defer distribution of the assets of the trust to any charity or other beneficiary of the trust for a period not exceeding the duration of the trust (Trustees Act Cap 164 section 3B). The organization became a pioneer in ecosystem monitoring, community-based conservation, and biodiversity informatics hence gaining recognition, funding, and support. We do this by creating environments that produce exception, Transforming Community for Social Change responds with effective programs at the grassroots level to political, tribal, and other conflicts , Two month old Baby Cara lost her mom. Through this, a system of governance and recourse was created which has transformed the area and its marine environment. Amref Health Africa, formerly the African Medical and Research Foundation (AMREF) was founded in 1957 with the aim of providing mobile air-based health services. The organization went on to build more electric fences along the Mt. 2. Texts of local laws that affect the decision whether or not to qualify a grantee (generally in translation, although ICNL and the Council cannot warrant the accuracy of any translation; in addition, legislative excerpts were selected by in-country contacts, and ICNL and the Council cannot warrant that all relevant provisions have been translated). To get in touch with the organization for donations, to know more or join them, use the following contacts for their Kenyan offices. Amalgamation-memorandum of understanding where applicable. Before submitting form 1 andForm 3payment of 400/= per form should be made, failure to which the forms will not be accepted, Two coloured 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, Duplicate of ID/Passport and KRA PIN Certificates for the five recommended officials and Board members. We recommend that readers check the status of the PBO Act and other pending legislation to determine if there are any pertinent changes in the current legal framework for NPOs in Kenya. At least a third of all the board memberships MUST be Kenyan for all foreign founded NGOs. [5] With the two reported High Court decisions having relied on the provisions of the PBO Act, this matter becomes even more complicated. KCPE Past PapersKCSE Past PapersCBC Grade 6 Timetable 2022KCPE Timetable 2022KCSE Timetable 2022, Zuku - Tv Channel List, Satellite Packages, Contacts, List of Research Topics for Nursing Students, Medical Compare and Contrast Essay Topics, Child Development Topics for Research Papers, Argumentative Essay Topics on Social Media, What Companies are in The Consumer Services Field, Best Free Printable Coloring Pages for Kids and Teens, List of Football Academies in Kenya : Soccer Academies in Kenya, Would You Rather Questions for Kindergarten, Reserve the preferred name by filling inForm 2 once you pay Kes.1000/=. In addition, she is a registered Certified Public Accountant. According to Kenyan common law, companies are free to engage in political or legislative activities if their governing documents permit it. Policy creation and cooperation with other organizations fighting human trafficking. Download and properly filledform 1 declaring the organizations contact person. Help community based organizations understand complexities of issues they are dealing with and the rapids of change. [3] Dave, P. (1991). Many civil society organizations adhere to the laid down legal requirements are legally registered with relevant government departments and therefore recognized as key stakeholders in development. Therefore, donations made to any exempt charitable organization can be deducted when computing the income tax payable. The urban refugee population in Nairobi has increased; around 88,000 refugees and . NGOs in Kenya have been growing in number, and now, they are countless. Required Documents. 11(a)). Box 310, 00502Telephone no: + 254 (0) 711 063 000Alternate telephone no: +254 72 2946848Fax: +254 20 2765030. Washing clothes in the river, she had a seizure, fell into the water and drowned. NGOs are not automatically entitled to exemptions on import custom duties. Like many coastal communities, fishers had noted declining fish stocks and were barely able to subsist on their catches. 10 as amended by Section 23 of Finance Act, 2012). HIAS Kenya Overview 2022-2023. [2]The status of these rules is yet to be determined in the light of the 2010 Constitution. Kenya is host to close to 560,000 refugees and asylum seekers, primarily from Somalia, South Sudan, the Democratic Republic of Congo, Ethiopia, and other countries in the region. A community based organization (CBO) is a registered non-governmental, non-profit and non-political organization. However in 1995, ACC was registered as a charitable organisation or non-profit organization. Due to poaching, habitat loss and human-wildlife conflict, several African wildlife populations are fast disappearing. Green Belt Movement Headquarters contacts in Kenya, Location: Adams Arcade, along Kilimani Rd, off Elgeyo Marakwet RdAddress: P.O BOX 67545-00200Nairobi, KenyaPhone no:+254 (20) 3873057 /(20) 3860158 / (20) 3860157Phone no:+254 (0) 721342696. This section describes the legal framework governing nonprofit organizations (also known as non-governmental organizations or NGOs) in Kenya, and includes translations of legislative provisions relevant for a foundation or advisor undertaking an equivalency determination of a foreign grantee under IRS Revenue Procedure 92-94. The name search is the first process of registering an NGO in Kenya. It empowers law enforcers to bring wildlife criminals to justice and lobbies the African governments for stricter laws and law enforcement. They are the most premier non-governmental institutions in Kenya and have international roots. Through Civil Society organization efforts, the country has made tremendous progress in health, educational, agriculture and food security, community capacity building and awareness raising, infrastructure development and technical development. Learn how to get started on the exchange and the basics of posting. Sidnee Stephens tragic story: Was Dakota Wall convicted for her murder? [9] The amendment of the Income Tax Act, under the Finance Act 2012, also appears to provide for measures to ensure that the Kenya Revenue Authority (KRA) can monitor and review the activities of charitable organizations not only to determine whether they should continue to enjoy exemptions, but also to follow up on their compliance with other taxes such as income (PAYE) and withholding tax. However, a society cannot function as a political party until it is registered in accordance with the provisions of the Political Parties Act and meets the requirements set out under Article 91 of the Constitution (Political Parties Act 2011 Section 4). +254 733703726. Under the Societies Act, a receiver is appointed to handle the dissolution of a society (Societies Act Section 33(a)). Kenya is host to close to 560,000 refugees and asylum seekers, primarily from Somalia, South Sudan, the Democratic Republic of Congo, Ethiopia, and other countries in the region. Kenya Wildlife Service 2. The above list of NGOs in Kenya is not exhaustive, but they are the most outspoken ones in the country. Propose three names for the non-governmental organisation being registered. [1] Fisher, R. (2002). African has rich heritage and landscapes that need preservation to ensure that they exist for long. Through networking, FEMNET is able to facilitate and coordinate the sharing of experiences, information, strategies, and ideas for human rights promotion among African womens organizations. Other NPOs can engage in economic activities consistent with their governing documents. Parts I and II of this statute have not been specifically revoked but may not be functional from a practical standpoint, because some provisions still reference sections of the repealed Constitution. Some of the programs that you find in The Cradle Childrens Foundation include Child Rights Awareness, Networking, Lobbying and Advocacy. Through the Comprehensive Refugee Response Framework refugees should be able to receive healthcare and education like Kenyan citizens; however, in practice, for many refugees there are barriers to access. The Kenya Connect Learning Resource Center engages and empowers students read more $230,521 raised of $300,000 goal $ Donate Wildlife Conservation | Kenya In 2020, the COVID-19 pandemic shock hit the economy hard . ).Each trust provides for the method of distribution of surplus assets after dissolution. As a result she continued to encourage more tree-planting program to handle the challenges of deforestation, lack of sufficient water and soil erosion. For the longest time they have enabled Kenyans to access vital resources and services such as education, justice, water, shelter, gender equality etc. The priority in which debts are to be paid is the same as the priority of payment of debts for companies being dissolved, as provided under the Insolvency Act. Box: 59178-00200 City Square, Nairobi, Kenya. Furthermore, deductibility is permitted for expenditures on scientific research to advance a business, including sums paid to approved scientific research institutes or universities, provided that certain conditions are satisfied (Income Tax Act Section 15(2)(n)). A list of LGBT organizations and groups in Kenya. 164 are dissolved in accordance with the law of equity. A PBOs constitution must state that the organizations income and property are not distributable to any person, except as reimbursement of reasonable expenses or payment of reasonable compensation for services rendered (PBO Act Section 8(4)(a)(iv)). This is a Community Based Organization (CBO) that will mobilize community members towards economic empowerment. 35 of 2013), East African Customs Management Act [2004], The Employment Act, Chapter 226 of the Laws of Kenya [2007], The Education Act, Chapter 211 of the Laws of Kenya [1980], The HIV and AIDS Prevention and Control Act, Chapter 246A of the Laws of Kenya [2006], The Political Parties Act, Chapter 7B of the Laws of Kenya [2011]. So, how does one register an NGO in Kenya? Therefore, many people working with NGOs fall between Ksh.70,000 and Ksh.400,000 reliant on their level of experience and educational qualifications. These include basic needs support (such as food, rent, clothing); targeted support for women and girls; vocational and computer training; language, literacy, and cultural programs; business and career support; and safe housing for LGBTIQ refugees, to name but a few (see "Mission Activities" in the chart below for a more comprehensive list). Photos byDesmond Bowden, Oceans Alive Trust. In most cases, they are critical agents of promoting economic, human rights and societal progress.