NGO and PBO Registration in Kenya

The PBO Act is supported by subsidiary regulations that have been introduced and revised recently, and transitional arrangements apply to organisations registered under the old law. Confirm the current regulations and transition timeline before you file. Last reviewed September 2026 by the Corporate & Commercial team at OLM Law Advocates LLP.

The new PBO regime

For years, NGOs in Kenya registered under the Non-Governmental Organizations Co-ordination Act, 1990, with the NGO Co-ordination Board. That framework has been replaced. The Public Benefit Organizations Act, 2013 was finally brought into force in 2024, and it repealed the 1990 Act. The regulator is now the Public Benefit Organizations Regulatory Authority, the successor to the NGO Co-ordination Board.

The change is more than a change of name. The PBO Act sets out a fuller framework for the registration, governance and self-regulation of the sector, and organisations registered under the old law transition into the new regime. Any guidance that still refers to registering an “NGO” with the NGO Co-ordination Board predates the reform.

What a public benefit organisation is

A public benefit organisation is a voluntary, non-profit organisation set up to promote a public benefit rather than to distribute profit to its members. That covers a wide field — charitable, development, welfare, human-rights, environmental and similar purposes. The defining features are that it pursues a public benefit and that any surplus is applied to its objects rather than paid out to those who run it.

Choosing the right vehicle

A public benefit organisation registered under the PBO Act is the natural home for most NGOs, but it is not the only option. Depending on the purpose, funders’ requirements and how the organisation will be governed, a non-profit in Kenya may instead be structured as:

• a public benefit organisation under the PBO Act, regulated by the Authority;
• a company limited by guarantee under the Companies Act, 2015, which gives a corporate structure with no share capital — see our company registration guide;
• a trust, where assets are held by trustees for charitable purposes — see our guide to trusts in Kenya; or
• a society under the Societies Act, typically for membership associations.

The right choice depends on the objects, the funding model and the governance the founders want. We advise on the trade-offs before an organisation commits to a structure.

How to register a PBO

Registration is made to the Public Benefit Organizations Regulatory Authority. The broad steps are:

1. Reserve a name for the organisation with the Authority.
2. Prepare the constitution setting out the objects, membership, governance structure and how the organisation is run and wound up.
3. Compile the founders’ and officials’ details, including identification and the particulars the Authority requires.
4. Lodge the application with the Authority, with the constitution and supporting documents.
5. Receive the certificate of registration once the Authority is satisfied the requirements are met.

Because the subsidiary regulations and the application forms have been changing, confirm the current requirements with the Authority before filing.

What you need

• A proposed name for the organisation.
• A constitution setting out the objects, membership, and governance arrangements.
• Details and identification of the founders and proposed officials.
• A statement of the organisation’s objects and its intended area of operation.
• The registered office and contact details.

After registration

Registration brings continuing obligations. A registered PBO is expected to keep proper books of account, file annual reports and returns, hold the governance meetings its constitution requires, and account transparently for its funds. Good governance is not only a legal obligation under the PBO regime — it is what donors and partners look for during due diligence. Our work with the sector is described on our NGOs and development partners page.

Frequently asked questions

Do NGOs still register with the NGO Co-ordination Board?

No. The NGO Co-ordination Act, 1990 has been repealed. Organisations now register as public benefit organisations with the Public Benefit Organizations Regulatory Authority, the successor to the Board.

What is the difference between an NGO and a PBO?

“PBO” is the term the current law uses for what was commonly called an NGO. The change reflects the move from the 1990 Act to the Public Benefit Organizations Act, 2013.

Can a non-profit be a company or a trust instead?

Yes. Depending on its purpose and governance, a non-profit can be a company limited by guarantee, a trust, or a society, as well as a PBO. The right vehicle depends on the objects and the funding model.

Can foreigners set up a PBO in Kenya?

The PBO framework accommodates international organisations operating in Kenya, subject to the Authority’s requirements. The details depend on the organisation’s structure and origin, so take advice on the right route.