SECTOR
NGOs & Development Partners
OLM Law advises NGOs, international organisations and development partners in Kenya on registration, governance, grants and tax compliance.
DISCUSS YOUR MATTER →Legal services for NGOs, international organisations and development finance institutions.
NGO and development-sector lawyers for international development organisations, foundations and humanitarian agencies operating in Kenya. We advise on NGO and PBO registration, NGO Coordination Board compliance, grant and donor agreements, employment and expatriate immigration, data protection, and local procurement — the recurring legal workload of running a compliant programme office in Kenya.
Relevant expertise: Corporate & Commercial; Employment & Labour; Immigration; Data Protection & Privacy; Tax
How we help. We act for international development organisations, foundations and humanitarian agencies on NGO and PBO registration, NGO Coordination Board compliance, grant and donor agreements, employment and expatriate immigration, data protection, local procurement, and tax and exemption matters — the recurring legal workload of running a compliant programme office in Kenya.
Why OLM for NGOs and development partners. Development organisations operate under intense donor-compliance and regulatory scrutiny while managing diverse, often international, teams. We provide one team that keeps registration, grants, people and data compliant, so programme staff can focus on delivery rather than legal administration.
Frequently Asked Questions
What is the difference between NGO and PBO registration in Kenya? NGOs register under the NGO Coordination Act with the NGO Coordination Board; the Public Benefit Organizations Act provides a newer framework with tax and governance implications. We advise on which suits the organisation and handle the registration.
Can an NGO employ foreign staff in Kenya? Yes, with appropriate work permits, and subject to compliance with employment and immigration law. We coordinate permits and compliant employment terms for international staff.
How do I register an NGO in Kenya? NGOs register with the NGO Coordination Board under the NGO Coordination Act, while the PBO Act provides an alternative framework. We advise on the route and register.
What is the difference between an NGO and a PBO? Both are not-for-profit but sit under different statutory frameworks with different governance and tax implications. We advise on which fits the organisation.
What compliance does the NGO Coordination Board require? Annual reporting, governance and activity compliance under the NGO Coordination Act. We manage ongoing compliance.
How are grant and donor agreements structured? They address scope, milestones, reporting, audit and compliance obligations. We negotiate and document grant agreements.
What employment rules apply to NGOs? NGOs follow the Employment Act and must manage local and expatriate staff compliantly. We advise on NGO employment.
How do NGOs bring in expatriate staff? Through work permits coordinated with employment structuring. We manage immigration for development organisations.
What data-protection obligations do NGOs have? NGOs processing personal data are subject to the Data Protection Act, including ODPC registration where applicable. We build compliance.
How is local procurement handled by NGOs? Through donor-compliant procurement policies balancing value, transparency and donor rules. We advise on procurement frameworks.
What tax and exemption issues affect NGOs? NGOs may access tax exemptions subject to qualification and compliance. We advise on exemption applications and tax structure.
What governance do NGOs need? A compliant board, constitution and policies meeting statutory and donor expectations. We advise on NGO governance.
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NGO & Development Partner Law in Kenya
Kenya hosts one of Africa’s most active civil-society and development-partner ecosystems — home to thousands of local and international NGOs, UN agencies, bilateral development organisations and social enterprises. OLM Law advises NGOs, foundations, international organisations and development financiers on the legal and regulatory requirements for operating in Kenya, from registration through to programme delivery and exit.
The regulatory landscape
International and national NGOs are registered and regulated by the NGO Coordination Board under the Non-Governmental Organisations Co-ordination Act. Organisations with charitable objectives may also register with the registrar of societies or as trusts. UN agencies and bilateral development organisations operate under headquarters agreements and privileges-and-immunities frameworks. Tax obligations and exemptions are administered by the Kenya Revenue Authority. We help organisations understand and navigate all of these requirements.
How we help
- NGO registration and compliance — registration with the NGO Board, annual returns, re-registration and change-of-status applications.
- Governance and constitutions — drafting and reviewing constitutions, governance frameworks and board advisory mandates.
- Grant and partnership agreements — reviewing and negotiating donor agreements, sub-grant arrangements and implementing-partner contracts.
- Employment and volunteers — staff contracts, expatriate work permits, volunteer agreements and HR-policy compliance.
- Tax and duty exemptions — advising on income-tax exemptions, VAT relief and customs-duty exemptions for NGO operations.
Relevant expertise
We draw on our Corporate & Commercial, Employment, Tax and Dispute Resolution teams for NGO and development-partner clients — linking to each of those practice-area pages.
To register or operate as an NGO or development partner in Kenya, contact OLM Law.