Non-profit Structuring Guide for Kenya

Kenya’s regulatory landscape for non-profits has evolved over the years reflecting complex political, economic, and social factors. The recent enactment of the Public Benefit Organizations (PBO) Act 2013, operationalized in May 2024, marked a new era for non-profits in Kenya and signalled a crucial need to understand legal compliance for non-profits. By adhering to regulatory requirements and maintaining robust governance structures, non-profit organisations can mitigate risks, build credibility, and ensure continued impact in the face of regulatory pressures.

This guide is designed to provide a clear and thorough understanding of the various legal structures available to non-profit entities in Kenya, including Non-Governmental Organisations (NGOs), Public Benefit Organisations (PBOs), Societies, Companies Limited by Guarantee (CLGs), and Trusts. It sets out the salient features of the new compliance landscape (the PBO Act 2013), exploring how it affects registration processes, governance structures, and operational practices of non-profit entities in Kenya.

The Guide is part of TrustLaw’s initiative to support non-profit entities, in addition to connecting leading law firms and corporate legal teams with non-profits in need of pro bono legal assistance and has been developed in collaboration with Cliffe Dekker Hofmeyr (incorporating Kieti Law LLP).