Non-Governmental Organizations Co-ordination Act

This Act may be cited as the Non-Governmental Organizations Co-ordination Act.

"Board", "Bureau", "certificate", "Council", "International Non-Governmental Organization", "National Non-Governmental Organization", "Non-Governmental Organization", and "register" are defined for this Act.

Establishes the Non‑Governmental Organizations Co‑ordination Board and lists powers the Board may exercise, including suing and being sued, dealing with property, managing money, entering contracts, and performing other acts necessary to its functions.

Section 4 sets out who sits on the Board and rules on term, resignation and co-opted members.

The Cabinet Secretary must appoint an executive director; the executive director shall head the Bureau, manage the Board's day-to-day business, be an ex officio (non-voting) member, and act as secretary to the Board.

Rules for procedure at Board meetings: who presides, election of presiding member when chairperson absent, meeting frequency and special meetings, quorum, voting rule, chairperson's casting vote, minutes, and self-regulation of proceedings.

The Board must facilitate and co-ordinate the work of all national and international Non-Governmental Organizations operating in Kenya.

The Board has the power to establish subsidiary organs necessary for performing its functions under this Act.

The Board must establish and maintain a documentation centre on Non-Governmental Organizations and their activities in Kenya and related information to support understanding and promotion of their contribution to national development.

Non-Governmental Organizations must register; applications go to the executive director in the prescribed form and must include a certified copy of the constitution; the Cabinet Secretary may exempt an NGO from registration on the Board's recommendation and by Gazette notice.

An application for registration of a Non-Governmental Organization must be accompanied by fees prescribed by the Cabinet Secretary.

Registered NGOs are issued certificates of registration; the certificate is conclusive evidence of authority to operate in Kenya or specified parts; registered NGOs may sue, hold property, enter contracts and do other necessary acts; the Board may prescribe terms and conditions for such certificates.

Section 13 is deleted.

Registration may be refused where it is satisfied that proposed activities or procedures are not in the national interest.

Section 15 has been deleted.

A certificate may be cancelled where (a) the certificate terms or conditions are violated, (b) the organisation has breached the Act, or (c) the Council has recommended cancellation; notice of cancellation must be served on the organisation and takes effect within fourteen days of that notice.

The Board must receive and consider applications for entry permits for prospective employees of a registered NGO and recommend issuance to the Principal Immigration Officer.

The Board may require proof that a registered organization continues to exist, publish a Gazette notice requiring proof to be furnished within thirty days, and may strike off organizations failing to provide proof or where the Council report does not confirm existence.

Organizations aggrieved by a Board decision may appeal to the Cabinet Secretary within 60 days; the Cabinet Secretary must decide within 30 days. The Council must provide written comments on request, and if it finds an organization has ceased to exist it must recommend asset and liability distribution to the Board. The High Court may give directions and its decision is final.

Organizations established by a State or group of states for welfare, research, relief, public health or other development assistance are not eligible for registration under this Act.

Organizations registered under this Act are not entitled to diplomatic or consular privileges or immunities.

Operating an NGO in Kenya for the listed purposes without registration and a certificate is an offence; convicted persons face fines up to fifty thousand shillings, imprisonment up to eighteen months, or both, and other court orders and disqualifications may follow.

Establishes the Non-Governmental Organizations Council; the Council must adopt its own structure, rules and procedures, and the first meeting to adopt them shall be supervised by an official designated by the Cabinet Secretary.

The Council must advise the Board on the code of conduct and related statutes; the Board must prescribe audit rules, ensure the code aligns with national and foreign policies and laws, and publish the approved code in the Gazette (with section 33 of the Interpretation and General Provisions Act not applying).

There is a transitional registration period not exceeding six months from commencement; the Cabinet Secretary may extend it on application by an NGO; currently registered NGOs must apply and obtain a certificate within that period.

The first one hundred NGOs registered by the Board will form an interim council that is competent to develop and adopt the code of conduct under Part IV.

The financial year of the Board is the twelve-month period from 1 July to 30 June each year.

The Board may invest its funds in certain securities approved for trustees or by the Treasury, and may place unneeded money on deposit in banks it selects.

The Board must prepare, approve and submit annual revenue and expenditure estimates before the start of each financial year; the estimates must cover specified categories of expenditure and reserves.

The Board must ensure that all proper books and records of account of its income, expenditure, assets and liabilities are kept.

Auditor‑General must audit the Board's accounts; Auditor‑General must present a report of examinations and audits to the Board within six months after each financial year and forward it to the Cabinet Secretary; the Cabinet Secretary must lay both reports before the National Assembly within thirty days of receipt (or within fourteen days of the next sitting if the Assembly is not sitting).

Prescribing terms and conditions for the importation and use of any equipment required by the Non-Governmental Organizations for their activities in Kenya

Making, signing or uttering a false statement to obtain the exemptions under section 32 is an offence punishable by a fine up to two hundred thousand shillings or up to three years imprisonment or both; conviction leads to disqualification from NGO office for ten years; the Board may deregister an NGO on first conviction of an official and shall deregister it on a second conviction; Cabinet Secretary may recommend expulsion of a non‑Kenyan convicted or found to have aided the offence.

Deregistered NGOs may appeal to the Cabinet Secretary; the Cabinet Secretary must decide within twenty-eight days; the High Court may give directions and its decision is final.

The Board must keep its common seal in custody as it directs; the seal must not be used except by order of the Board; the seal must be authenticated by the executive director and one other Board member duly authorized.