In the realm of non-governmental organizations (NGOs) in Kenya, the legislative framework and operations are expected to undergo a significant transition following the operalisation of the Public Benefit Organisations Act, 2013 (PBO Act). The PBO Act has introduced substantial changes to the regulation and operation of NGOs, transitioning from the regime established under the NGO Coordination Act of 1990 (NGO Act).
The PBO Act was assented into law on 14th January 2013 but has been a subject of litigation and defiant government regimes for the last decade. The commencement date of the PBO Act was finally published on 9th May 2024, indicating an effective date of operalisation as 14th May 2024.
It is worth noting that the coming into force of this PBO Act does not impact non-profit/non-governmental organisations registered as societies, trade unions, co-operatives societies, micro-finance institutions, community-based organisations, political parties, religious institutions, saccos or public bodies established under any written law.
This regulatory alert aims to shed light on the key features of the PBO Act, the key differences and implications of the PBO Act vis-à-vis the NGO Act, and the registration requirements for organizations operating within Kenya.
Click here to download the full alert.
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