The Public Benefit Organizations Regulatory Authority (PBORA) has announced plans to cancel the registration certificates of 2,802 non-governmental organisations (NGOs).
The organisations are said to have breached the provisions of the Public Benefit Organizations (PBO) Act, 2013 and violated the terms of their certificates, according to a Kenya Gazette notice dated November 21.
“Notice is given pursuant to Section 18 (1) of the Public Benefit Organizations Act, 2013, that the Public Benefit Organizations Regulatory Authority intends to cancel the registration certificates of the organisations listed in the Schedule hereto on the grounds that they have breached the provisions of the Act and violated the Terms and Conditions attached to their certificates,” the acting director of the Public Benefit Organizations Regulatory Authority, Lindon Nicolas, said.
Among those listed are Resources Project-Kenya, which the government says has defaulted for 21 years, Intex Welfare Foundation (15 years), Huruma Integrated Child Programme (18 years), Jamii Zetu Africa (Jaza) (19 years) and the Disabled Persons National Alliance of Kenya (19 years).
The government says the Sakaja Johnson Foundation by Nairobi Governor Johnson Sakaja has also defaulted for a year and will be deregistered.
“Cancellation of the said certificates shall take effect fifteen (15) days from the date of this notice,” added Nicolas.
PBO Act regulates and registers charitable organizations in Kenya. It is tasked with registering and de-registering PBOs, maintaining a register of the organisations, and investigating whether PBO activities comply with the PBO Act.
The PBO Act was enacted in 2013 but it was not until 11 years later, in May this year, that it took effect.
The law repeals the Non-Governmental Organisations Co-ordination Act of 1990 which until then governed the registration and coordination of NGOs in the country.
NGOs previously registered under the NGO Coordination Act were given up to one year from May to seek registration as a PBO.
Meanwhile, those exempted from registration under the old law were given three months to apply for registration from May.
Failure of NGOs to register as PBOs under the Act within these timelines would make the organisations lose their PBO status.
Additionally, for NGOs registered outside Kenya but intend to operate in Kenya, the law requires that they apply to PBORA for a certificate
An international organisation registered under the Act must ensure that at least one-third of its directors are Kenyan citizens residing in Kenya, as well as maintain an office in Kenya.
An international organisation may be exempted from registration and instead get a permit to operate in Kenya, provided it does not engage in direct implementation of any activity or program in Kenya, or operate from Kenya to implement any activities or programs in another country; or raise any subscriptions or engage in any other form of raising of funds in Kenya.
