Kenya Act or statute

Parliament of Kenya

Public Benefits Organizations Act

Jurisdiction: Kenya
Structure: 72 provisions
Citation: Cap. 134
Dates: As at 20 Jun 2025

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Dates: As at 20 Jun 2025

Source attribution: Source: Kenya Law

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“The Act may be cited as the Public Benefits Organizations Act, 2013.”

The Act may be cited as the Public Benefits Organizations Act, 2013. This section provides definitions for terms used in the Act, including "Authority", "authorized agent", "Board", "Cabinet Secretary", "Federation", "international non-governmental organization", "public benefit activity", "register", "terrorism financing", and "Tribunal". States the Act's object is to create a conducive environment for growth of the public benefit organizations sector and for operations of registered public benefit organizations. The Government must provide and promote an enabling environment for public benefit organisations to be established and operate; every State organ must coordinate policies to support that environment; and the Government and public benefit organisations must follow the First Schedule principles for collaboration. Defines "public benefit organization" by three criteria: (1) organized and operated locally, nationally or internationally; (2) engages in public benefit activities in areas listed in the Sixth Schedule; and (3) is registered as such by the Authority. It then lists types of bodies in subsection (2).

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PRELIMINARY - 1. Short title

The Act may be cited as the Public Benefits Organizations Act, 2013.

Section 1

REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 9. Consideration of application

Section 9

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 37. Term of office

The chairperson and members of the Authority's Board hold office for three years and may be re-appointed for one further final three-year term.

Section 37

THE PUBLIC BENEFIT ORGANIZATIONS DISPUTES TRIBUNAL - 53. Disobedience of summons to give evidence,etc.

A person who refuses or fails to attend at the time and place mentioned in the summons served on him.

Section 53

MISCELLANEOUS PROVISIONS - 71. Transition

The transitional provisions in the Fifth Schedule apply when this Act commences.

Section 71

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Showing 72 of 72 provisions

Provision 59Offence 5Commencement 3Amendment 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act may be cited as the Public Benefits Organizations Act, 2013.

Section 1. Short title Section This Act may be cited as the Public Benefits Organizations Act, 2013.

Section 1Verify source

§ 2PRELIMINARY - 2. Interpretation.Interpretation

This section provides definitions for terms used in the Act, including "Authority", "authorized agent", "Board", "Cabinet Secretary", "Federation", "international non-governmental organization", "public benefit activity", "register", "terrorism financing", and "Tribunal".

Section 2. Interpretation. Section In this Act, unless the context otherwise requires— "Authority" means the Public Benefit Organizations Regulatory Authority established under section 34 ; "authorized agent" means a legal representative, who is a Kenyan citizen, authorized to receive official summonses, notices and inquiries on behalf of an international non-governmental organization; "Board" means the Board of the Authority established under section 35 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to planning and national development; "Federation" means the National Federation of Public Benefit Organizations established under section 21 ; "international non-governmental organization" means a non-governmental organization with its original registration being in a country other than Kenya and operating in Kenya under a certificate of registration issued under section 10 of this Act; "public benefit activity" means an activity that supports or promotes public benefit by enhancing or promoting the economic, environmental, social or cultural development or protecting the environment or lobbying or advocating on issues of general public interest or the interest or well-being of the general public or a category of individuals or organizations; "register" means the register kept by the Authority pursuant to section 15 ; “terrorism financing” has the meaning assigned to under the Prevention of Terrorism Act (Cap. 59B); and "Tribunal" means the Public Benefit Organizations Disputes Tribunal established under section 50 . [Act No. 6 of 2025, Sch.]

Section 2Verify source

§ 3PRELIMINARY - 3. Objects and purposes of the ActProvision

States the Act's object is to create a conducive environment for growth of the public benefit organizations sector and for operations of registered public benefit organizations.

Section 3. Objects and purposes of the Act Section creating a conducive environment for the growth of the public benefit organizations sector and for the operations of the registered public benefit organizations;

Section 3Verify source

§ 4PRELIMINARY - 4. Government's responsibility to public benefit organizationsProvision

The Government must provide and promote an enabling environment for public benefit organisations to be established and operate; every State organ must coordinate policies to support that environment; and the Government and public benefit organisations must follow the First Schedule principles for collaboration.

Section 4. Government's responsibility to public benefit organizations Section 4(1) Consistent with its obligation to respect the freedoms of association and assembly, it is the duty of the Government to provide an enabling environment for public benefit organizations to be established and to operate. Section 4(2) Every State organ shall determine and co-ordinate the implementation of its policies and measures in a manner designed to promote, support and provide an enabling environment for public benefit organizations to perform their functions. Section 4(3) The Government and all public benefit organizations shall comply with the principles for effective collaboration set out in the First Schedule.

Section 4Verify source

§ 5PRELIMINARY - 5. Meaning of public benefit organizationProvision

Defines "public benefit organization" by three criteria: (1) organized and operated locally, nationally or internationally; (2) engages in public benefit activities in areas listed in the Sixth Schedule; and (3) is registered as such by the Authority. It then lists types of bodies in subsection (2).

Section 5. Meaning of public benefit organization Section 5(1)(a) organized and operated locally, nationally or internationally; Section 5(1)(b) engages in public benefit activities in any of the areas set out in the Sixth Schedule; and Section 5(1)(c) is registered as such by the Authority. Section 5(2)(a) a trade union within the meaning of the Labour Relations Act ( Cap. 233 ); Section 5(2)(b) a public body established by or under any written law; Section 5(2)(c) a political party within the meaning of the Political Parties Act (Cap. 7D); Section 5(2)(d) a religious organization which is primarily devoted to religious teaching or worship; Section 5(2)(e) a society within the meaning of the Societies Act ( Cap. 108 ); Section 5(2)(f) a co-operative society within the meaning of the Co-operative Societies Act ( Cap. 469 ); Section 5(2)(g) a Sacco society within the meaning of the Sacco Societies Act (Cap. 490B); Section 5(2)(h) a micro-finance institution within the meaning of the Micro-Finance Institutions Act ( Cap. 493C ); Section 5(2)(i) a community based organization whose objective include the direct benefit of its members.

Section 5Verify source

Part II

REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS

§ 10REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 10. Certificate of registrationProvision

The Authority must issue a certificate of registration in the prescribed form when registering a public benefit organization.

Section 10. Certificate of registration Section 10(1) Upon registering a public benefit organization, the Authority shall issue a certificate of registration in the prescribed form. Section 10(2) A certificate of registration shall be a conclusive evidence of the authority to operate throughout Kenya as specified in the constitution of the public benefit organization or in the certificate of registration. Section 10(3)(a) suing and being sued; Section 10(3)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 10(3)(c) entering into contracts; and Section 10(3)(d) doing or performing all such other things or acts necessary for proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate. Section 10(4)(a) its registration is cancelled under this Act; Section 10(4)(b) the organization is voluntarily deregistered; or Section 10(4)(c) the organization is wound-up or dissolved.

Section 10Verify source

§ 11REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 11. International organizationsProvision

Foreign organizations intending to operate in Kenya must apply to the Authority for a certificate; the Authority must require applicants under subsection (2)(b) to follow the same registration procedures and requirements set out in regulations.

Section 11. International organizations Section 11(1) An organization which is registered outside Kenya and which intends to operate in Kenya shall apply to the Authority for a certificate to operate in Kenya. Section 11(2)(a) exempt the organization from registration, and instead grant that organization a permit to operate in Kenya, if that organization does not intend to directly implement any activities or programmes in Kenya or operate from Kenya to implement any activities or programmes in another country; Section 11(2)(b) require the organization to apply for registration as an international organization, if that organization intends to directly implement any activities or programmes in Kenya or operate from Kenya to implement any activities or programmes in another country. Section 11(3)(a) engage in direct implementation of any activity or program in Kenya or operate from Kenya to implement any activities or programs in another country; Section 11(3)(b) raise any subscriptions or engage in any other form of raising of funds in Kenya. Section 11(4) The Authority shall require an organization that applies for registration pursuant to subsection (2) (b) to undergo the same registration procedures, and satisfy such application requirements, as may be provided for in the regulations. Section 11(5)(a) have at least one third of its directors who are Kenyan citizens and who are resident in Kenya; and Section 11(5)(b) maintain an office in Kenya. Section 11(6) Regulations shall provide for the regulation of organizations issued with a permit to operate in Kenya under subsection (2)(a).

Section 11Verify source

§ 12REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 12. Presumption of registrationProvision

If sixty days pass after a public benefit organization applies for registration under section 9(1) and the Authority has made no decision, the organization may apply to the Tribunal for an order requiring the Authority to issue a registration certificate or to inform the organization that registration is refused with reasons.

Section 12. Presumption of registration Section If, upon the expiry of sixty days from the date a registration. public benefit organization made an application for registration under section 9 (1), no decision has been made by the Authority, the public benefit organization may apply to the Tribunal for an order requiring the Authority to issue to it a certificate of registration or communicate to the organization that the registration has been refused, together with the reasons therefor.

Section 12Verify source

§ 13REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 13. Effect of registrationProvision

Registration takes effect once the section "has met all the requirements for registration."

Section 13. Effect of registration Section has met all the requirements for registration;

Section 13Verify source

§ 14REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 14. Service of official notices, letters, summons or legal processProvision

Official notices, letters, summons or other legal process are validly served on a registered public benefit organization when delivered in person or by mail to its authorized agent or to the address specified under section 8 (2)(d) and (3)(d).

Section 14. Service of official notices, letters, summons or legal process Section Any official notices, letters, summons, or other legal process shall be considered validly served on a registered public benefit organization if it is delivered in person or by mail to the authorized agent or to the address specified pursuant to section 8 (2) (d) and (3) (d) of this Act.

Section 14Verify source

§ 15REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 15. Register of public benefit organisationsProvision

The section establishes that any person may request a copy of any register entry in person or by mail, and that the Authority may refuse to issue a certificate copy unless the applicant meets conditions the Authority sets, including showing intended use.

Section 15. Register of public benefit organisations Section 15(1)(a) the area of the activities of the organization; Section 15(1)(b) the registered officials for the time being in charge of the organization; Section 15(1)(c) any information presented to the Authority by the organization pursuant to this Act or regulations; Section 15(1)(d) a detailed inventory of the assets of the organization; Section 15(1)(e) any other information that the Authority may deem necessary to include or as may be provided in the regulations. Section 15(2)(a) any person may request, in person or by mail, a copy of any entry in the register; and Section 15(2)(a)(i) any person may request, in person or by mail, a copy of any entry in the register; and Section 15(2)(a)(ii) no more than a reasonable charge may be made for a copy of an entry in the register; Section 15(2)(b) be made available through the internet. Section 15(3)(a) inspect the register or any documents filed with the Authority; Section 15(3)(b) require to be supplied with a certificate, duly certified by the Authority, showing the subsisting entries in the register relating to any organization registered under this Act; or Section 15(3)(c) require to be supplied with a copy of, or an extract from, any document filed with the Authority duly certified by the Authority to be a true copy or extract, as the case may be. Section 15(4) Despite subsection (2), the Authority may refuse to issue a copy of a certificate of registration to an applicant unless that applicant satisfies such conditions as the Authority may determine, including satisfying the Authority as to the intention of the use of the copy. Section 15(5) A copy of an entry requested under subsection (2) (a) (i), or a written decision explaining the reasons for the denial of the request, shall be furnished to the person making the request within thirty days of request. Section 15(6)(a) all public benefit organizations that are registered; Section 15(6)(b) all public benefit organizations whose registration were cancelled during the preceding quarter of the financial year; and Section 15(6)(c) all public benefit organizations which deregistered voluntarily, were wound up or dissolved during the previous quarter of the financial year. Section 15(7) A public benefit organization that has been deregistered shall be removed from the register, but its entry in the register, including the decision on deregistration and the reasons thereof, shall be retained and made available to the public upon request. Section 15(8) The register shall be received in proceedings before any court or tribunal as evidence of the matters recorded therein which are required by or under this Act to be so recorded. Section 15(9) A document purporting to be certified by the Director to be a true copy of an entry in the register stating that a public benefit organization is not, or was not registered on a date specified in the document, shall be received in proceedings before a court or tribunal as prima facie evidence of any such matters contained in the entry or of that fact, as the case may be.

Section 15Verify source

§ 16REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 16. Refusal of registrationProvision

The Authority may refuse registration for specified grounds and must notify the applicant of the reasons within fourteen days of the decision.

Section 16. Refusal of registration Section 16(1)(a) the application for registration does not comply with the requirements of this Act; Section 16(1)(b) the objectives of the proposed public benefit organization contravenes any written law; Section 16(1)(c) the applicant organization has committed a serious violation or repeated violation of this Act, other laws or regulations; Section 16(1)(d) the applicant has given false or misleading information in any material particular; Section 16(1)(e) the name of the proposed public benefit organization is similar to the name of another institution, other organization or entity as to be likely to mislead the public as to its true identity. Section 16(2) Where the Authority has refused registration of a proposed public benefit organization, it shall, within fourteen days of the decision, notify the applicant of the reasons for the refusal.

Section 16Verify source

§ 17REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 17. Review by the Authority or appeal to the TribunalProvision

Aggrieved applicants may appeal decisions of the Authority to the Tribunal; the Tribunal must decide appeals within sixty days.

Section 17. Review by the Authority or appeal to the Tribunal Section 17(1) An applicant who is aggrieved by a decision of the Authority for review of its decision within thirty days of receiving a written notice of appeal to the the decision. Section 17(2) An applicant who is aggrieved by a decision of the Authority following review may appeal to the Tribunal against the decision. Section 17(3) Without prejudice to subsection (1), an applicant who is aggrieved by a decision of the Authority may, within thirty days of receiving a written notice of the decision, appeal to the Tribunal against the decision of the Authority. Section 17(4) Upon receipt of an appeal, the Tribunal shall, within sixty days from the date of receiving the appeal, consider and determine the appeal.

Section 17Verify source

§ 18REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 18. Procedure for suspension or cancellationProvision

If a registered public benefit organization breaches the Act, the Authority may serve a written default notice; the organization may make written representations; if it fails to comply or the representations are unsatisfactory the Authority shall fine, suspend or cancel the registration, subject to a minimum compliance period of fifteen days; the organization may seek review within sixty days and may appeal to the Tribunal.

Section 18. Procedure for suspension or cancellation Section 18(1) Where a public benefit organization registered under this Act is in violation of the provisions of this Act, the Authority may serve on the organization a default notice in writing specifying the nature of the default. Section 18(2) Upon receipt of the default notice, the public benefit organization may make representations in writing to the Authority regarding remedy or rectification of the default or violation of the Act. Section 18(3) Where the public benefit organization has failed to remedy or rectify the default or ensure compliance with the provisions of this Act within the time specified in the default notice or has not made representations satisfactory to the Authority, the Authority shall fine, suspend or cancel the certificate of registration of the organization but in no event shall the time limit for compliance be less than fifteen days after receipt of the default notice. Section 18(4) A public benefit organization that has been fined or whose certificate has been suspended or cancelled may, within sixty days of receiving notice of the decision, apply to the Authority for review of the decision to fine it, suspend or cancel the certificate if it is dissatisfied by the reasons for such fine, suspension or cancellation. Section 18(5) Notwithstanding subsection (4), a public benefit organization which is dissatisfied by the decision of the Authority to fine it, suspend or cancel a certificate may appeal to the Tribunal.

Section 18Verify source

§ 19REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 19. Suspension or cancellation of certificateProvision

The Authority may, subject to section 17, suspend or cancel a registration certificate if there is substantial and credible evidence that the organization has ceased to exist; cancellation ends benefits but not obligations or reporting requirements.

Section 19. Suspension or cancellation of certificate Section 19(1)(a) the public benefit organization has committed violations of this Act; · Section 19(1)(b) the public benefit organization is carrying out its activities in a manner which is contrary to its constitution. Section 19(2) The Authority may, subject to section 17 , suspend or cancel a certificate of registration issued under this Act if there is substantial and credible evidence that the public benefit organization has ceased to exist. Section 19(3)(a) in writing, notify the relevant public benefit organization within twenty-one days from the date of suspension or cancellation; Section 19(3)(b) order such public benefit organization to stop its operations; or Section 19(3)(c) remove the name of such public benefit organization from the register. Section 19(4) Cancellation of the certificate of registration terminates all the public benefit organization benefits but does not terminate any obligations, including those with respect to monies or assets obtained while the organization was a registered public benefit organization, nor does it terminate reporting requirements covering any such monies or assets or any period of time during which it was a registered public benefit organization.

Section 19Verify source

§ 6REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 6. RegistrationProvision

Public benefit organizations must register under this Act to receive its benefits; organizations already registered under another Kenyan law cannot be registered under this Act while that other registration subsists.

Section 6. Registration Section 6(1) A public benefit organization shall be registered under this Act for it to enjoy the benefits that accrue under this Act. Section 6(2) No organization that is registered under any other law in Kenya shall be registered under this Act while its registration under that other law subsists. Section 6(3) Without prejudice to subsection (1), registration of an organization under this Act supersedes any prior registration of that organization under any other law in Kenya. Section 6(4) Where an organization is registered under this Act and under any other law, that organization shall be deemed registered under this Act and that other registration shall be deemed invalid. Section 6(4A) A public benefit organization registered under subsection (1) shall be classified by the Authority in the prescribed manner. Section 6(4B) The Authority upon consultation with the Cabinet Secretary, may from time to time review the classification of public benefit organizations. Section 6(4C) The Cabinet Secretary shall, upon consultation with the Authority, make regulations to provide for the manner, conduct and criteria for classification of public benefit organizations. Section 6(5) Organizations shall be deemed to be similar under this section if the name, objects and the officials, taken together, are similar whether wholly or partially. [Act No. 19 of 2014 , s. 96.]

Section 6Verify source

§ 7REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 7. Bestowing of public benefit organization statusProvision

Bestowing of public benefit organization status for a section registered under this Act.

Section 7. Bestowing of public benefit organization status Section registered under this Act;

Section 7Verify source

§ 8REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 8. Requirements for registrationAmendment

The provision sets out information and constitution requirements for registering a public benefit organization and requires notification to the Authority of changes to submitted particulars within sixty days.

Section 8. Requirements for registration Section 8(1) An application for registration under this Act shall be made to the Authority. Section 8(2)(a) a copy of the constitution or other constitutive document of the public benefit organization; Section 8(2)(b) names and addresses of the founders of the public benefit organization; Section 8(2)(c) the public benefit purposes for which the public benefit organization is organized and operated and all of the principal activities that the public benefit organization shall engage in; Section 8(2)(d) the postal and physical address of the principal place of doing business of the public benefit organization; Section 8(2)(e) the prescribed fee; and Section 8(2)(f) such other particulars or information as may be required by the Authority in order to assist the Authority to determine whether or not the organization meets the requirements for registration under this Act. Section 8(3)(a) an application form; Section 8(3)(b) proof that it is a legal entity in another country; Section 8(3)(c) the organization's address in Kenya; and Section 8(3)(d) the purposes of the international non-governmental organization; Section 8(3)(d)(i) the purposes of the international non-governmental organization; Section 8(3)(d)(ii) a general description of the activities that the international non-governmental organization is planning to carry out in Kenya; and Section 8(3)(d)(iii) the name, address and other contact information of the authorized agent. Section 8(4)(a) the organization's name; Section 8(4)(a)(i) the organization's name; Section 8(4)(a)(ii) the objectives of the organization; Section 8(4)(a)(iii) that participation in and membership of the public benefit organization shall be voluntary; Section 8(4)(a)(iv) that the organization's income and property are not distributable to any person, except as reimbursement of reasonable expenses or payment of reasonable compensation for services rendered; Section 8(4)(b) make provision for the organization to be a body corporate and have an identity and existence distinct from its members or governing body; Section 8(4)(c) ensure that the members or governing body have no rights in the property or other assets of the organization solely by virtue of their being members or the governing body; Section 8(4)(d) specify the organizational structures and mechanisms for its governance; Section 8(4)(e) provide for a governing body consisting of not less than five persons, three of whom shall not be related to each other; Section 8(4)(f) in the case of international non-governmental organizations, specify the authorized agent, being a Kenyan citizen, retained by the organization, upon whom official notices, summonses and other process may be served; Section 8(4)(g) set out the rules for convening and conducting meetings, including quorums required for and the minutes to be kept of those meetings; Section 8(4)(h) determine the manner in which decisions are to be made; Section 8(4)(i) provide that the organization's financial transactions shall be conducted by means of a banking account; Section 8(4)(j) determine the financial year of the organization; Section 8(4)(k) set out a procedure for changing the constitution; Section 8(4)(l) set out a procedure by which the organization may be wound up or dissolved; and Section 8(4)(m) provide that, when the organization is being wound up or dissolved, any asset remaining after all its liabilities have been met, shall be transferred to another public benefit organization having similar objectives, which shall be identified through a resolution of the governing body of the organization being wound up or dissolved otherwise, the Authority shall make this decision. Section 8(5)(a) qualifications for and admission to membership of the organization; Section 8(5)(b) circumstances in which a member shall no longer be entitled to the benefits of membership; Section 8(5)(c) termination of membership; Section 8(5)(d) appeals against loss of the benefits of membership or against termination of membership and specify the procedure for those appeals and determine the body to which those appeals may be made; Section 8(5)(e) membership fees and other payments by members; Section 8(5)(f) provision that except for proven gross negligence or criminal malfeasance, members or the governing body do not become liable for any of the obligations and liabilities of the organization solely by virtue of their status as members or the governing body of the organisation; Section 8(5)(g) appointment of the governing body and their respective functions; Section 8(5)(h) procedure for nominating, electing or appointing the governing body and their powers and functions; Section 8(5)(i) circumstances and manner in which members of the governing body may be removed from office and provide for appeals against such removal and specify procedures for those appeals and determine a body to which those appeals can be made; Section 8(5)(j) provision that members of its governing body are not personally liable for any loss suffered by any person as a result of an act or omission which occurs in good faith while the office-bearer is performing functions for or on behalf of the organization; Section 8(5)(k) making of investments; Section 8(5)(l) provisions for avoiding conflict of interest and dealing with it where it arises; Section 8(5)(m) the purposes for which the funds of the organization may be used; and Section 8(5)(n) acquiring and controlling of assets. Section 8(6) Subject to subsections (4) and (5), the governing body of a public benefit organization shall adopt such by-laws or rules as may be necessary to enable it to perform its functions and exercise its powers. Section 8(7)(a) its duties to review and approve the assets, liabilities, income, expenditures, and programs of the public benefit organization for the past year and the anticipated assets, liabilities, income, expenditures and programs for the upcoming year; Section 8(7)(b) the selection of its members; Section 8(7)(c) the process by which 1ts constitution or other founding instrument can be amended; or Section 8(7)(d) decisions to deregister, dissolve, or wind-up the public benefit organization. Section 8(8) A public benefit organization shall notify the Authority of any change in the particulars submitted under subsection (2) or (3) within sixty days of occurrence.

Section 8Verify source

§ 9REGISTRATION OF PUBLIC BENEFIT ORGANIZATIONS - 9. Consideration of applicationProvision

The Authority must consider applications, notify applicants if requirements are unmet giving a compliance period (up to 30 days), may extend that period once for up to 21 days on good cause, and must register organizations that meet requirements (including registering within 14 days after receipt of requested requirements). It may refuse and must notify refusal within the remaining days of the original sixty-day decision period.

Section 9. Consideration of application Section 9(1)(a) consider the application and any further information provided by the applicant; and Section 9(1)(b) if satisfied that the application meets the requirements of this Act, register the organization as a public benefit organization. Section 9(2) If, after considering an application, the Authority is not satisfied that the application complies with the requirements for registration, the Authority shall forthwith, in writing, notify the applicant accordingly, giving reasons for the decision and informing the applicant of the duration, which shall be a period not exceeding thirty days from the date of the notice, during which to comply with those requirements. Section 9(3) The period within which compliance shall be effected under subsection (2) may be extended by the Authority upon good cause being shown by the applicant, but such extension shall only be granted once and shall be for a maximum period of twenty-one days. Section 9(4) If an applicant who has received a notice in terms of subsection (2) complies with the requirements for registration within the prescribed period, the Authority shall, within fourteen days of receipt of the requested requirements, register the public benefit organization concerned accordingly. Section 9(5)(a) refuse to register the public benefit organization concerned; and Section 9(5)(b) notify the applicant in writing of the refusal and the reasons for the refusal within the number of days remaining in the original sixty day period for making a decision.

Section 9Verify source

Part III

SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS

§ 20SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 20. Freedom of associationProvision

Grants freedom of association including joining, forming or joining forums of public benefit organizations, exiting such forums, participating in lawful activities, and participating in elections of officials and representatives.

Section 20. Freedom of association Section 20(1)(a) join in association with other organization or organizations as it may desire and to participate in forming a forum of public benefit organizations under this Act; Section 20(1)(b) join a forum of public benefit organizations; Section 20(1)(c) exit a forum of public benefit organizations. Section 20(2)(a) participate in its lawful activities; Section 20(2)(b) participate in the election of its officials and representatives.

Section 20Verify source

§ 21SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 21. Establishment of the Federation,etc.Provision

Establishes a National Federation of Public Benefit Organizations, sets membership eligibility, governance structure, election supervision, duties and powers of the Federation, Cabinet Secretary, Tribunal and the Independent Electoral and Boundaries Commission, and lists the Federation's functions.

Section 21. Establishment of the Federation,etc. Section 21(1) There is established a federation of registered public benefit organizations to be known as the National Federation of Public Benefits Organizations, which shall be an umbrella organization of all public benefit organizations registered under this Act and the self-regulation forums of public benefit organizations recognised by the Authority. Section 21(2) Every registered organization shall be eligible for membership of the Federation. Section 21(3)(a) suing and being sued; Section 21(3)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 21(3)(c) entering into contracts; and Section 21(3)(d) doing or performing all such other things or acts necessary for proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate. Section 21(4)(a) be managed by a governing board consisting of not more than nine members; Section 21(4)(b) have a secretariat under the supervision of the chief executive officer of the Federation who shall also be the secretary to the governing board of the Federation; Section 21(4)(c) subject to paragraphs (a) and (b), adopt its own structure, rules and procedures for the efficient administration of its activities. Section 21(5) The elections to an office in the governing board of the Federation shall be supervised by the Independent Electoral and Boundaries Commission. Section 21(6) The rules on the conduct of the elections to an office in the governing board of the Federation shall ensure that every member organization is able to vote in the election and shall include the quorum required for the purposes of the election. Section 21(7) The Cabinet Secretary shall have powers to ensure the compliance with the rules and procedures of the Federation at all times including during its elections. Section 21(8) Notwithstanding anything contained in the rules of the Federation, a member of the governing board of the Federation shall hold office for five years but shall be eligible for election for one more term. Section 21(9)(a) provide leadership on matters of interest to the sector and for the promotion of the sector generally; Section 21(9)(b) promote self-regulation by the forums for self-regulation of public benefit organizations; Section 21(9)(c) co-ordinate the self-regulation forums registered under this Part; Section 21(9)(d) monitor the performance of the self-regulation forums and advise the Authority in the monitoring and enforcement of compliance by these forums and their respective public benefit organizations members with the provisions of this Act, the regulations and the general code of conduct and the codes of conduct adopted by the self-regulation forums; Section 21(9)(e) advise the Authority generally on the development of the public benefit organizations sector; Section 21(9)(f) facilitate the building of the capacity of non-governmental organizations for the enhancement of the effectiveness of these organizations; Section 21(9)(g) render such advice to donors and the Authority on any issue relating to the sector. Section 21(10) The Cabinet Secretary, the Authority and the Federation shall have regular consultations for the purpose of harmonising their policies and for the co-ordination of the sector. Section 21(11) The Tribunal shall have jurisdiction in respect of disputes mentioned in subsection (12). Section 21(12)(a) between any member of the Federation and the Federation; Section 21(12)(b) between the members ofthe Federation; Section 21(12)(c) between the Federation and the Authority. Section 21(13)(a) a decision of the Cabinet Secretary or the Authority concerning the Federation; Section 21(13)(b) a decision of the Federation.

Section 21Verify source

§ 22SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 22. Appointment to statutory bodies,etc.Provision

Section 22 references the Constitution and other written law regarding leadership and integrity in appointments to statutory bodies.

Section 22. Appointment to statutory bodies,etc. Section the provisions of the Constitution and any other written law on leadership and integrity;

Section 22Verify source

§ 23SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 23. Organizations may join self-regulationProvision

Registered organizations may voluntarily join and maintain membership in a self-regulation forum; each forum must enter into a recognition agreement with the Authority after proving it represents a significant number of registered organizations as prescribed by the Cabinet Secretary.

Section 23. Organizations may join self-regulation Section 23(1) Each organization registered under this Act may voluntarily join and maintain membership in a self-regulation forum of registered public benefit organizations. Section 23(2) Each forum shall enter into a recognition agreement with the Authority upon proof to the satisfaction of the Authority that the forum represents a significant number of organizations registered by the Authority as prescribed by the Cabinet Secretary.

Section 23Verify source

§ 24SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 24. Self-regulation forums to develop and maintain codes of conductProvision

Forums of public benefit organizations must establish and maintain binding codes and standards; they may form federations to enhance self‑regulation; forums must ensure codes are consistent with national and foreign policies and Kenyan law and include minimum provisions of general conduct.

Section 24. Self-regulation forums to develop and maintain codes of conduct Section 24(1) Each forum of public benefit organizations shall establish and maintain a code and standards by which its members shall be bound. Section 24(2) The forums of public benefit organizations may, for purposes of enhancing self-regulation, organise themselves in such federation of forums as may be expedient for that purpose. Section 24(3) The forums shall ensure that each code of conduct adopted by them is consistent with the national and foreign policies and the laws of Kenya, and that such code of conduct contain, as a minimum, the provisions of the general conduct of conduct.

Section 24Verify source

§ 25SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 25. Organizational integrity and internal self-regulationProvision

Governing bodies must be separate from day-to-day managers; transparency and accountability must apply to all affairs; governing bodies must set conflict-of-interest guidelines; organizations must not discriminate (with a specified exemption); activities must be open to stakeholder scrutiny on request except for certain matters.

Section 25. Organizational integrity and internal self-regulation Section 25(1) The governing body of a public benefit organization shall be distinct and separate from the administrative and day-to-day management body of the organization. Section 25(2) The principles of transparency and accountability shall be applied to all the affairs and activities of a public benefit organization, whether with the Government, the target population or beneficiaries, donors, other public benefit organizations or other stakeholders. Section 25(3) The governing body of a public benefit organization shall establish clear and unambiguous guidelines relating to conduct and operations of the organization, including guidelines to ensure that the personal interests of its members, the staff and volunteers do not conflict with those of the organization or influence, or affect the performance of their duties. Section 25(4) A public benefit organization shall not discriminate against any person but in no event shall a public benefit organization created to assist targeted populations, where the target is determined in line with social justice values, be required to assist people of other populations. Section 25(5) The activities of a public benefit organization shall, upon request, be open and accessible to scrutiny by its respective stakeholders, except for personal matters, legal matters and proprietary information, as may be provided for by or under any law.

Section 25Verify source

§ 26SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 26. Voluntary service on governing bodyProvision

People who serve on the governing body of a public benefit organization must serve voluntarily and may only be reimbursed for costs and expenses incurred in serving the organization.

Section 26. Voluntary service on governing body Section Every person who serves on the governing body of a public benefit organization shall serve on a voluntary basis and shall only be eligible for the reimbursement of costs and expenses incurred in the service of the organization.

Section 26Verify source

§ 27SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 27. Ethical principles and aspirationsProvision

Expresses a commitment to the sanctity of human life and to maintaining a peaceful and non-violent orientation in all activities.

Section 27. Ethical principles and aspirations Section commitment to the sanctity of human life and to a peaceful and non-violent orientation in all its activities;

Section 27Verify source

§ 28SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 28. Promotion of self-regulationProvision

The Authority must encourage umbrella associations of public benefit organizations to develop and publish codes of conduct and must facilitate training on self-regulation for public benefit organizations.

Section 28. Promotion of self-regulation Section 28(1) The Authority shall encourage umbrella associations for public benefit organizations to develop and publish codes of conduct applicable to members, governing body officials, staff and volunteers of the public benefit organizations. Section 28(2) The Authority shall facilitate training on self-regulation of public benefit organization to deepen the knowledge and strengthen the capacity of public benefit organizations for self-regulation.

Section 28Verify source

§ 29SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 29. Fiscal transparencyProvision

Implement internal accounting and administrative procedures to ensure the transparent and proper use of financial and other resources.

Section 29. Fiscal transparency Section implement internal accounting and administrative procedures necessary to ensure the transparent and proper use of its financial and other resources;

Section 29Verify source

§ 30SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 30. Accounts and reportsProvision

Public benefit organizations registered under this Act must keep proper accounting records, prepare an annual statement of accounts that conforms to generally accepted accounting practice for non-profits, and include an independent auditor's opinion on whether the financial statements present fairly the organisation's financial position.

Section 30. Accounts and reports Section 30(1) Every public benefit organization registered under this Act shall keep proper books of accounts and other records in relation to its operations and activities and shall, subject to subsection (2), prepare annually a statement of accounts in a form which conforms to the standards of the generally accepted accounting practice applicable to non-profit organizations. Section 30(2) The financial statements prepared and submitted by a public benefit organization, shall include an opinion signed by an independent auditor as to whether the financial statements present fairly, in all material respects, the organization's financial position for the reporting period.

Section 30Verify source

§ 31SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 31. Annual reportProvision

Requires a statement of its accounts audited in accordance with section 30 (2) above.

Section 31. Annual report Section a statement of its accounts audited in accordance with section 30 (2) above;

Section 31Verify source

§ 32SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 32. Duty to provide informationProvision

Registered public benefit organizations must provide the Authority, in writing, the names and physical, business and residential addresses of members of their governing body within one month after any appointment or election.

Section 32. Duty to provide information Section Every registered public benefit organization shall provide to the Authority, in writing, the names and physical, business and residential addresses of members of its governing body within one month after any appointment or election of the governing body.

Section 32Verify source

§ 33SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS - 33. Protection from personal liabilityProvision

Members of governing bodies of public benefit organizations are exempt from personal liability for acts done in good faith on behalf of the organization or by virtue of their office.

Section 33. Protection from personal liability Section No member of any governing body of a public benefit organization shall be held personally liable for any act done in good faith on behalf of the organization, or by virtue of the office held in the governing body.

Section 33Verify source

Part IV

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY

§ 34ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 34. Establishment of the AuthorityProvision

Establishes the Public Benefit Organizations Regulatory Authority and lists powers including suing and being sued, holding and disposing of property, borrowing and investing, entering contracts, and performing other lawful acts to carry out its functions.

Section 34. Establishment of the Authority Section 34(1) There is established an Authority to be known as the Public Benefit Organizations Regulatory Authority. Section 34(2)(a) suing and being sued; Section 34(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 34(2)(c) borrowing money or making investments; Section 34(2)(d) entering into contracts; and Section 34(2)(e) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate. Section 34(3) The Authority shall establish mechanisms to ensure that its services are available in all parts of the Republic.

Section 34Verify source

§ 35ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 35. Composition of Board of the Authority,etcProvision

Section 35 sets out the Board composition (including a chairperson and various ex officio and appointed members), appointment roles for the Cabinet Secretary, experience and relinquishment requirements for appointees, co-option of up to three experts (who may not vote), resignation procedure, and that the Cabinet Secretary prescribes nomination rules.

Section 35. Composition of Board of the Authority,etc Section 35(1)(a) the chairperson appointed by the Cabinet Secretary; Section 35(1)(b) three members, at least one of whom shall be of different gender from the other two, who have rendered distinguished service in the civil society, appointed by the Cabinet Secretary; Section 35(1)(c) the Principal Secretary in the ministry responsible for matters relating to public benefit organizations; Section 35(1)(d) the Principal Secretary in the ministry responsible for matters relating to finance; Section 35(1)(e) the Principal Secretary in the ministry responsible for matters relating to foreign affairs; Section 35(1)(f) the Attorney-General; Section 35(1)(g) one public officer representing the Principal Secretary responsible for such departments as the Authority shall determine; Section 35(1)(h) the chairperson of the governing board of the Federation; Section 35(1)(i) two members of the governing board of the federation, being one woman and one man, nominated by the members of the governing board of the Federation and appointeµ by the Cabinet Secretary; and Section 35(1)(j) the Director. Section 35(2) No person may be appointed as chairperson of the Board unless that person possesses at least ten years' experience, in matters relating to civil society. Section 35(3) No person shall be eligible for appointment under subsection (1)(b) or nomination under subsection (1) (g) unless such person has at least ten years' experience in the public benefit organizations' sector. Section 35(4) A person appointed as chairperson or member of the Board shall before taking office relinquish any directorship or employment in a public benefit organization that that person may have held before the appointment. Section 35(5) A member of the Board, other than an ex officio member, may resign from office by a letter addressed to the Cabinet Secretary. Section 35(6) The Board may co-opt such number of persons not exceeding three to bring such expertise to the Board as the Board may require for the better discharge of its functions. Section 35(7) Persons co-opted under subsection (6) shall have no right to vote on any matter at a meeting of the Board. Section 35(8) The Cabinet Secretary shall prescribe rules for the nomination of the members contemplated under subsection (1)(g).

Section 35Verify source

§ 36ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 36. Qualifications of members of the AuthorityProvision

Section 36 lists the qualifications required of members of the Authority, including citizenship, character and integrity, minimum degree, relevant experience, absence of subsisting public benefit organization offices or memberships, and affiliations such as membership of the National Assembly, local authority, or political party involvement.

Section 36. Qualifications of members of the Authority Section 36(1)(a) is a citizen of Kenya; Section 36(1)(b) is a person of high moral character and proven integrity; Section 36(1)(c) is a holder of at least an undergraduate degree from a university recognized in Kenya; Section 36(1)(d) has knowledge and at least five years' experience in matters relating to public benefit organizations, finance or management; and Section 36(1)(e) has no subsisting office or membership in a public benefit organization. Section 36(2)(a) is a member of the National Assembly; Section 36(2)(b) is a member of a local authority; Section 36(2)(c) is a member of the executive body of, or is actively involved in the affairs of, a political party.

Section 36Verify source

§ 37ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 37. Term of officeProvision

The chairperson and members of the Authority's Board hold office for three years and may be re-appointed for one further final three-year term.

Section 37. Term of office Section The chairperson and the members of the Board of the Authority shall hold office for a term of three years and may be re-appointed for a further and final term of three years.

Section 37Verify source

§ 38ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 38. Oath of officeProvision

The chairperson, members of the Board of the Authority and the Director must each make and subscribe to a prescribed oath or affirmation of office before the Chief Justice.

Section 38. Oath of office Section The chairperson, the members of the Board of the Authority and the Director shall each make and subscribe to a prescribed oath or affirmation of office before the Chief Justice.

Section 38Verify source

§ 39ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 39. VacancyOffence

The Cabinet Secretary must notify every vacancy in the Gazette within seven days of its occurrence.

Section 39. Vacancy Section 39(1)(a) dies; Section 39(1)(b) resigns from office by writing under his hand addressed to the Cabinet Secretary; Section 39(1)(c) is removed from office in accordance with the provisions of section 40 ; Section 39(1)(d) is convicted of an offence and sentenced to imprisonment for a term of three months or more without the option of a fine; Section 39(1)(e) is unable to discharge the functions of his office by reason of physical or mental infirmity; Section 39(1)(f) is absent from three consecutive meetings of the Board without good cause; or Section 39(1)(g) is declared bankrupt. Section 39(2) The Cabinet Secretary shall notify every vacancy in the Gazette within seven days of the occurrence of the vacancy.

Section 39Verify source

§ 40ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 40. Removal from officeOffence

Persons may be removed from office for gross misconduct, misbehaviour, or conviction for an offence involving moral turpitude, but removal may occur only by a Board resolution supported by at least two‑thirds of Board members.

Section 40. Removal from office Section 40(1)(a) for gross misconduct or misbehaviour; or Section 40(1)(b) if convicted of an offence involving moral turpitude, but shall not be so removed except on a resolution of the Board supported by at least two-thirds of the members of the Board. Section 40(2) For the purposes of subsection (1), "misbehaviour" includes, but is not limited to criminal conduct and breach of the standards of professionalism referred to in section 27 (1)(j).

Section 40Verify source

§ 41ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 41. Filling of a vacancyProvision

If a Board vacancy occurs, the Cabinet Secretary must appoint a replacement from the shortlisted persons considered by the National Assembly; the person so appointed serves the remainder of the vacated member's term.

Section 41. Filling of a vacancy Section 41(1) Where a vacancy occurs in the Board as a result of death, disability, resignation or removal of a member of the Board, the Cabinet Secretary shall appoint a replacement from among the short listed persons considered by the National Assembly in accordance with the Third Schedule. Section 41(2) A person who is appointed in place of a member of the Board whose office has become vacant under this section shall hold office for the remainder of the term of office of that member of the Board.

Section 41Verify source

§ 42ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 42. Functions of the AuthorityProvision

Lists the Authority's functions (registering and de-registering public benefit organisations; maintaining a register with sectors, affiliations and locations; interpreting national policy; receiving and reviewing annual reports; advising Government; issuing forms and model documents; facilitating information sharing; instituting inquiries; providing advice and training; and doing incidental acts) and requires that the Authority be independent and not act under the direction or control of any person or authority.

Section 42. Functions of the Authority Section 42(1)(a) register and de-register public benefit organizations in accordance with this Act; Section 42(1)(b) maintain a register of public benefit organizations registered under this Act with the precise sectors, affiliations and locations of their activities; Section 42(1)(c) interpret the national policy on public benefit organizations so as to assist in its smooth implementation and observance by Government ministries, departments and agencies at various levels; Section 42(1)(d) receive and review annual reports of public benefit organizations; Section 42(1)(e) advise the Government on the activities of public benefit organizations and their role in development within Kenya; Section 42(1)(f) issue forms, instructions, and model documents; Section 42(1)(g) facilitate information sharing and networking between public benefit organizations and the Government; Section 42(1)(h) institute inquiries to determine if the activities of public benefit organizations do not comply with this Act or any other law; Section 42(1)(i) provide advice and training to public benefit organizations; and Section 42(1)(j) do anything incidental or conducive to the performance of any of the preceding functions. Section 42(2) In the performance of its functions in terms of subsection (1), the Authority shall be independent and shall be not act under the direction or control of any person or authority.

Section 42Verify source

§ 43ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 43. Power of the BoardProvision

The Board has the power to control, supervise and administer the Authority's assets in a manner that best promotes the Authority's purpose.

Section 43. Power of the Board Section control, supervise and administer the assets of the Authority in such manner as best promotes the purpose for which the Authority is established;

Section 43Verify source

§ 43AESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 43A. Power of the Authority to public benefit organizations at risk of terrorism financingProvision

The Authority must cooperate and share information on public benefit organisations at risk of terrorist financing; it has power to issue regulatory instruments for such organisations and may impose monetary, civil or administrative sanctions for violations.

Section 43A. Power of the Authority to public benefit organizations at risk of terrorism financing Section 43A(1)(a) periodically identify organizations that are likely to be at risk of terrorist financing abuse; Section 43A(1)(b) periodically conduct an assessment of the terrorism financing risks posed to such public benefit organizations; Section 43A(1)(c) develop focused, proportionate and risk-based actions to address terrorism financing risks identified in paragraph (b); Section 43A(1)(d) ensure that the measures developed in paragraph (c) do not undermine the legitimate operations of public benefit organizations. Section 43A(2) The Authority shall ensure effective co-operation, coordination and information sharing on public benefit organizations at risk of terrorism financing with the Financial Reporting Centre and relevant law enforcement authorities. Section 43A(3) The Authority shall have the power to issue regulations, guidelines, directions, rules or instructions for the public benefit organisation that have been identified to be at risk Section 43A(4) The Authority may impose monetary, civil or administrative sanctions for violations under the Act. Section 43A(5) The Authority may impose monetary, civil or administrative sanctions for violations under the Act.

Section 43AVerify source

§ 44ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 44. Conduct of business and affairs of the BoardProvision

The Board's conduct and regulation of its business and affairs must follow the Fourth Schedule; except as provided in that Schedule, the Board may regulate its own procedure.

Section 44. Conduct of business and affairs of the Board Section 44(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Fourth Schedule. Section 44(2) Except as provided in the Fourth Schedule, the Board may regulate its own procedure.

Section 44Verify source

§ 45ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 45. DirectorProvision

Creates a Director for the Authority to be appointed by the Authority; sets a five-year term (eligible for one further and final five-year term); specifies eligibility criteria; makes the Director chief executive officer and secretary to the Board; requires attendance at Board meetings without a vote; allows the Board to remove the Director for inability or misbehaviour.

Section 45. Director Section 45(1) There shall be a Director of the Authority who shall be appointed by the Authority. Section 45(2) The Director shall hold office for a period of five years, on such terms and conditions of employment as the Authority may determine and shall be eligible for re-appointment for a further and final term of five years. Section 45(3) A person is not eligible for appointment as the Director unless he or she is a person of integrity and has knowledge or at least ten years' demonstrable experience in matters relating to strategic and program planning, operations or management, including staff management or supervision, or any equivalent combination of education and experience from which comparable knowledge, skills and abilities have been achieved. Section 45(4)(a) be the chief executive officer and the secretary to the Board; and Section 45(4)(b) subject to the directions of the Board, be responsible for the day to day management of the affairs and staff of the Authority. Section 45(5) The Director shall, unless in any particular case the Board otherwise directs in writing, attend all meetings of the Board but shall have no vote on any matter falling to be decided by the Board at any such meeting. Section 45(6) The Director may be removed from office by the Board before expiry of the term set out in the instrument of appointment only for inability to exercise the functions of the office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour. Section 45(7) For the purposes of subsection (6), "misbehaviour" includes, but is not limited to criminal conduct and breach of the standards of professionalism referred to in section 27 (l)(j). Section 45(8)(a) the committee has so recommended; and Section 45(8)(b) the Board has approved the committee's recommendation by the votes of not less than two-thirds of all its members.

Section 45Verify source

§ 46ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 46. Staff of the AuthorityProvision

The Board must appoint a Deputy Director and necessary officers and staff, and when doing so must have regard to gender equity and regional balance.

Section 46. Staff of the Authority Section 46(1) The Board shall appoint a Deputy Director and such officers and other staff as are necessary for the proper discharge of the functions of the Authority under this Act, upon such terms and conditions of service as it may determine. Section 46(2) In appointing officers and staff under subsection (1), the Board shall have regard to gender equity and regional balance.

Section 46Verify source

§ 47ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 47. Delegation by the BoardProvision

The Board may, by resolution (generally or in particular cases), delegate to committees or to any member, officer, employee or agent of the Board the exercise of powers or performance of functions or duties of the Authority under this Act or any other written law.

Section 47. Delegation by the Board Section The Board may, by resolution either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Authority under this Act or under any other written law.

Section 47Verify source

§ 48ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 48. Protection from personal liabilityProvision

Board members and Board officers, employees, agents or servants are not personally liable for acts or omissions done in good faith in executing functions, powers or duties under the Act; the Authority remains liable to pay compensation for injuries caused by exercise of powers or by failure of works.

Section 48. Protection from personal liability Section 48(1) No act or omission by any member of the Board or by any officer, employee, agent or servant of the Board shall, if the act or omission was done in good faith for the purposes of executing a function, power or duty under the Act render such member, officer, employee, agent or servant personally liable to any, action, claim or demand whatsoever. Section 48(2) The provisions of subsection (1) shall not relieve the Authority of the liability to pay compensation to any person for any injury to the person, the person's property or to any of the person's interests caused by the exercise of any power conferred by this Act or by failure, whether wholly or partially, of any works.

Section 48Verify source

§ 49ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY - 49. Common sealProvision

The Board must keep the Authority's common seal in custody; the chairperson and Director must authenticate its affixing by signature; the chairperson and Director may authenticate certain documents and Board decisions by signature; the Board must nominate a member to authenticate the seal if either officer is absent.

Section 49. Common seal Section 49(1) The common seal of the Authority shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board. Section 49(2) The affixing of the common seal of the Authority shall be authenticated by the signature of the chairperson and the Director and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of both the chairperson and the Director. Section 49(3) Notwithstanding the provisions of subsection (2) the Board shall, in the absence of either the chairperson or the Director in a particular matter, nominate one member to authenticate the seal on behalf of either the chairperson or the Director. Section 49(4) The common seal of the Authority when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given.

Section 49Verify source

Part V

THE PUBLIC BENEFIT ORGANIZATIONS DISPUTES TRIBUNAL

§ 50THE PUBLIC BENEFIT ORGANIZATIONS DISPUTES TRIBUNAL - 50. Establishment of the TribunalProvision

Section 50 establishes the Tribunal membership composition and limits, prohibits members or staff of the Authority from serving, sets quorum, provides that the Authority determines members' remuneration in consultation with the Salaries and Remuneration Commission, and lists causes for termination including three-year expiry, ceasing to be an advocate, removal by the Chief Justice, or resignation.

Section 50. Establishment of the Tribunal Section 50(1)(a) a chairperson who shall be an advocate of the High Court of not less than seven years standing; Section 50(1)(b) two advocates of the High Court of not less than five years standing; Section 50(1)(c) two persons having such specialized skill or knowledge necessary for the discharge of the functions of the Tribunal. Section 50(2) Not more than two-thirds of the persons appointed under subsection (1) shall be from one gender. Section 50(3) A member or staff of the Authority shall not serve as a member of the Tribunal. Section 50(4) The quorum for a meeting of the Tribunal shall be the chairperson and two other members. Section 50(5) There shall be paid to the members of the Tribunal such remuneration and allowances as the Authority may, in consultation with the Salaries and Remuneration Commission, determine. Section 50(6)(a) at the expiration of three years from the date of his appointment; Section 50(6)(b) if the member ceases by any reason to be an advocate as referred to in subsection (I); Section 50(6)(c) if the member is removed from membership of the Tribunal by the Chief Justice for failure to discharge the functions of office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour; or Section 50(6)(d) if the member resigns.

Section 50Verify source

§ 51THE PUBLIC BENEFIT ORGANIZATIONS DISPUTES TRIBUNAL - 51. Jurisdiction of the TribunalProvision

The Tribunal must hear and determine complaints and matters or appeals under this Act and perform other functions conferred on it; it does not have criminal jurisdiction except as provided in section 53.

Section 51. Jurisdiction of the Tribunal Section 51(1)(a) hear and determine complaints arising out of any breach of the provisions of this Act; Section 51(1)(b) hear and determine any matter or appeal made to it pursuant to the provisions of this Act; and Section 51(1)(c) perform such other functions as may be conferred upon it by this Act or by any other written law being in force. Section 51(2) The jurisdiction conferred upon the Tribunal under subsection (1) excludes criminal jurisdiction except as provided under section 53 .

Section 51Verify source

§ 52THE PUBLIC BENEFIT ORGANIZATIONS DISPUTES TRIBUNAL - 52. Powers of the TribunalCommencement

Section 52 sets out the Tribunal's powers on complaints and appeals, including court-like powers to summon witnesses and take evidence, to receive affidavit evidence and interrogatories, to summon expert evidence, to award costs, to make remedial orders (confirm, set aside, vary, quash, require revision or inquiry), to order status quo pending determination, and rules on representation, finality, appeal and non-compliance.

Section 52. Powers of the Tribunal Section 52(1) On the hearing of a complaint or an appeal, the Tribunal shall have all the powers of a subordinate court of the first class to summon witnesses, to take evidence upon oath or affirmation and to call for the production of books and other documents. Section 52(2) Where the Tribunal considers it desirable for the purpose of minimizing expense or avoiding delay or for any other special reason, it may receive evidence by affidavit and administer interrogatories and require the person to whom the interrogatories are administered to make a full and true reply to the interrogatories within the time specified by the Tribunal. Section 52(3) In its determination of any matter, the Tribunal may take into consideration any evidence which it considers relevant to the subject of the matter before it, notwithstanding that the evidence would not otherwise be admissible under the Evidence Act ( Cap. 80 ). Section 52(4) The Tribunal shall have power to summon expert evidence as may be necessary for the discharge of its functions under this Act. Section 52(5) The Tribunal shall have power to award the costs of any proceedings before it and to direct that costs shall be taxed in accordance with any scale prescribed for suits in the High Court or to award a specific sum as costs. Section 52(6) All summonses, notices or other documents issued under the hand of the chairperson of the Tribunal shall be deemed to be issued by the Tribunal. Section 52(7)(a) confirm, set aside, vary or quash the order or decision in question; Section 52(7)(b) require the Authority to revise or review its decision; Section 52(7)(c) require the Authority to inquire into specific details from the appellant and make further consideration of the application; or Section 52(7)(d) make such other order as may be appropriate in the circumstances. Section 52(8) Without prejudice to the generality of subsection (7)(b), the Tribunal may make an order for the maintenance of the status quo of any matter or activity which is the subject of the complaint or appeal until the complaint or appeal is determined. Section 52(9) Any interested party may be represented before the Tribunal by an advocate or by any other person whom the Tribunal may, in its discretion, admit to be heard on behalf of the party. Section 52(10) A decision made by the Tribunal shall be final and binding on the parties unless judicial review thereof commences within fourteen days from the date of the Tribunal's decision. Section 52(11) Any party to the review aggrieved by the decision of the Tribunal may appeal to the High Court and the decision of the High Court shall be final. Section 52(12) A party to the review which disobeys the decision of the Tribunal or the High Court shall be in breach of this Act and any action by such party contrary to the decision of the Tribunal or the High Court shall be null and void.

Section 52Verify source

§ 53THE PUBLIC BENEFIT ORGANIZATIONS DISPUTES TRIBUNAL - 53. Disobedience of summons to give evidence,etc.Provision

A person who refuses or fails to attend at the time and place mentioned in the summons served on him.

Section 53. Disobedience of summons to give evidence,etc. Section refuses or fails to attend at the time and place mentioned in the summons served on him;

Section 53Verify source

§ 54THE PUBLIC BENEFIT ORGANIZATIONS DISPUTES TRIBUNAL - 54. Enforcement of orders for damages and costsProvision

The Tribunal must issue a certificate stating the amount of awarded damages or costs on application; that certificate may be filed in the High Court and, once filed, is deemed a High Court decree and may be executed.

Section 54. Enforcement of orders for damages and costs Section 54(1) Where the Tribunal awards damages or costs in orders for any matter before it, it shall, on application by the person in whose favour the damages or costs are awarded, issue to costs. him a certificate stating the amount of the damages or costs. Section 54(2) Every certificate issued under subsection (1) may be filed in the High Court by the person in whose favour the damages or costs have been awarded and, upon being so filed, shall be deemed to be a decree of the High Court and may be executed as such.

Section 54Verify source

§ 55THE PUBLIC BENEFIT ORGANIZATIONS DISPUTES TRIBUNAL - 55. Rules of the TribunalProvision

The Chief Justice may make rules governing the Tribunal's practice and procedure, consulting the chairperson and by notice in the Gazette, except as otherwise provided in the Act.

Section 55. Rules of the Tribunal Section Except as otherwise provided in this Act, the Chief Justice may, in consultation with the chairperson of the Tribunal, and by notice in the Gazette , make rules governing the practice and procedure of the Tribunal having regard to the objects if this Act.

Section 55Verify source

Part VI

FINANCIAL PROVISIONS

§ 56FINANCIAL PROVISIONS - 56. Funds of the AuthorityProvision

The Authority is entitled to fees, monies or assets that accrue to or vest in it in the course of exercising its powers or performing its functions under this Act or any written law.

Section 56. Funds of the Authority Section such fees, monies or assets as may accrue to or vest in the Authority in the course of the exercise of its powers or the performance of its functions under this Act or under any written law; and

Section 56Verify source

§ 57FINANCIAL PROVISIONS - 57. Financial yearProvision

The Authority's financial year is the twelve-month period ending on 30 June each year.

Section 57. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in each year.

Section 57Verify source

§ 58FINANCIAL PROVISIONS - 58. Annual estimatesCommencement

The Board must prepare annual revenue and expenditure estimates at least three months before each financial year, approve and submit them to the Cabinet Secretary, and may not increase them after the Cabinet Secretary's approval without that Secretary's consent.

Section 58. Annual estimates Section 58(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 58(2)(a) the payment of the salaries, allowances and other charges in respect of members of the Board and staff of the Authority; Section 58(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Authority; Section 58(2)(c) the proper maintenance of the buildings and grounds of the Authority; Section 58(2)(d) the maintenance, repair and replacement of the equipment and other property of the Authority; and Section 58(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. Section 58(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary's approval, the Board shall not increase the annual estimates of the Authority without the consent of the Cabinet Secretary.

Section 58Verify source

§ 59FINANCIAL PROVISIONS - 59. Accounts and auditProvision

The Board must ensure proper books and records are kept of the Authority's income, expenditure and assets.

Section 59. Accounts and audit Section 59(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Authority. Section 59(2)(a) a statement of the income and expenditure of the Authority during that year; and Section 59(2)(b) a balance sheet of the Authority on the last day of that year. Section 59(3) The accounts of the Authority shall be audited and reported upon in accordance with the Public Audit Act ( Cap. 412B ).

Section 59Verify source

§ 60FINANCIAL PROVISIONS - 60. Investment of fundsProvision

The Board may invest any of the funds of the Authority in securities or in other approved securities or banks.

Section 60. Investment of funds Section The Board may invest any of the funds of the Authority in securities, in which for the time being trustees may by law invest trust funds, or in any other securities or banks which the Treasury may, from time to time, approve for that purpose.

Section 60Verify source

Part VII

MISCELLANEOUS PROVISIONS

§ 61MISCELLANEOUS PROVISIONS - 61. Voluntary deregistration, dissolution or winding-upAmendment

If no recipient organization is identified by the governing body when an organization is deregistered, wound up or dissolved, the Authority shall make the decision about which similar public benefit organization will receive remaining assets.

Section 61. Voluntary deregistration, dissolution or winding-up Section 61(1)(a) stating its intention to deregister, wind up or dissolve voluntarily and the reasons therefor; and Section 61(1)(a)(i) stating its intention to deregister, wind up or dissolve voluntarily and the reasons therefor; and Section 61(1)(a)(ii) specifying a date, not exceeding two months from the date of the resolution, on which the deregistration is to take effect; and Section 61(1)(b) a copy of the reports referred to in section 30 for the period from its previous financial year up to the date of the resolution contemplated in this subsection. Section 61(2)(a) stating this fact; Section 61(2)(a)(i) stating this fact; Section 61(2)(a)(ii) containing certified copies of all relevant documents confirming the winding up or dissolution; and Section 61(2)(b) a copy of the reports referred to in section 30 for the period from its previous financial year up to the date of the written notice contemplated in this subsection. Section 61(3)(a) cancei the organization's certificate of registration, and deregister it by amending the register; and Section 61(3)(b) notify the organization in writing of the deregistration and confirm the date on which the amendment was made to the register. Section 61(4) When an organization is deregistered, wound up or dissolved, any asset remaining after all its liabilities have been met, shall be transferred to another public benefit organization having similar objectives, which shall be identified through a resolution of the governing body of the organization being deregistered, wound up or dissolved; otherwise, the Authority shall make this decision.

Section 61Verify source

§ 62MISCELLANEOUS PROVISIONS - 62. Safety of assets on deregistrationOffence

When the Authority cancels an organisation's registration it may require officials or members found in Kenya to provide an inventory and the whereabouts of assets; failure to provide when required is an offence; the Authority must prove the inventory could have reasonably been provided; the Cabinet Secretary may make regulations about tracing and safeguarding assets; dissolving organisations may choose recipients of assets if those recipients are certified by the Authority as in good standing.

Section 62. Safety of assets on deregistration Section 62(1) Where the Authority has cancelled a certificate of registration of an organization under this Act, the Authority may require any officials or members of the organization, who can by reasonable effort be found in Kenya, to provide the Authority with an inventory, and the whereabouts, of the assets of the organization. Section 62(2) The Cabinet Secretary may by regulations prescribe the procedure for the tracing and safeguarding of assets under this section. Section 62(3) A person who fails to provide an inventory under subsection (1), when required to do so by the Authority commits an offence. Section 62(4) It shall be the responsibility of the Authority to prove that the inventory could by reasonable means be provided by a person accused by this section. Section 62(5) An organization that desires to dissolve voluntarily shall have the right to determine the organizations registered under this Act to which it shall distribute its assets provided that such organizations are certified by the Authority to be in good standing.

Section 62Verify source

§ 63MISCELLANEOUS PROVISIONS - 63. General power to institute inquiriesProvision

The Authority may, where it deems necessary, institute inquiries into public benefit organizations under section 42(1)(h) and may conduct them itself or appoint a person; persons may be required to provide and verify accounts, produce documents and attend to give evidence; the Authority may reimburse reasonable expenses.

Section 63. General power to institute inquiries Section 63(1) The Authority may, where it deems necessary, to institute an inquiry with regard to a public benefit organization in accordance with section 42 (1)(h). Section 63(2)(a) conduct an inquiry under subsection (1) on its own; or Section 63(2)(b) appoint a person to conduct the inquiry, and make a report to the Authority. Section 63(3)(a) provide accounts and statements in writing with respect to the matter, or to provide answers in writing to any question or inquiry addressed to the person on the matter; and Section 63(3)(a)(i) provide accounts and statements in writing with respect to the matter, or to provide answers in writing to any question or inquiry addressed to the person on the matter; and Section 63(3)(a)(ii) verify any such accounts, statements or answers by statutory declaration; Section 63(3)(b) to provide copies of documents which are in the custody or under the control of the person, and which relate to any matter at the inquiry, and to verify any such copies by statutory declaration; Section 63(3)(c) to attend at a specified time and place and give evidence or produce such documents as the Authority or person conducting the inquiry may require. Section 63(4) The Authority may reimburse to any person attending to give evidence or produce documents for the purpose of an inquiry, the reasonable expenses of doing so.

Section 63Verify source

§ 64MISCELLANEOUS PROVISIONS - 64. Offences and penaltyOffence

Forges or utters any document for the purposes of procuring registration.

Section 64. Offences and penalty Section forges or utters any document for the purposes of procuring registration;

Section 64Verify source

§ 65MISCELLANEOUS PROVISIONS - 65. Income and economic activityProvision

Public benefit organizations may carry out lawful economic activities and may own and manage property, provided income is used solely to support their public benefit purposes.

Section 65. Income and economic activity Section 65(1) A public benefit organization may engage in lawful economic activities as long as the income is used solely to support the public benefit purposes for which the organization was established. Section 65(2)(a) donations of cash, securities, and in-kind contributions; Section 65(2)(b) bequests; Section 65(2)(c) membership fees; Section 65(2)(d) gifts; Section 65(2)(e) grants; Section 65(2)(f) real or personal property; and Section 65(2)(g) income generated from any lawful activities undertaken by the public benefit organization with its property and resources. Section 65(3) A public benefit organization may own and manage property and assets for the accomplishment of its not-for-profit purposes.

Section 65Verify source

§ 66MISCELLANEOUS PROVISIONS - 66. Public policy and political activitiesProvision

Public benefit organizations may research, educate, publish, advocate and express views on public-interest and campaign issues, but they may not fundraise, campaign for or register candidates; the government must engage and invite them into policy making.

Section 66. Public policy and political activities Section 66(1) A public benefit organization may engage freely in research, education, publication and advocacy with respect to any issue affecting the public interest, including criticism of the policies or activities of the state or any officer or organ thereof. Section 66(2) A public benefit organization may also express its views on any issue or policy that is or may be debated or discussed in the course of a political campaign or election. Section 66(3) A public benefit organization may not engage in fundraising or campaigning to support or oppose any political party or candidate for appointive or elective public office, nor may it propose or register candidates for elective public office. Section 66(4) The government shall engage with public benefit organizations on all matters of development and shall invite them to participate in policy making.

Section 66Verify source

§ 67MISCELLANEOUS PROVISIONS - 67. Involvement by GovernmentProvision

The Government must involve public benefit organizations in policy decision-making, ministries must designate officers to handle matters relating to those organizations, and those officers must deal with such matters and work closely with each other and with the Authority.

Section 67. Involvement by Government Section The Government shall involve public benefit organizations in policy decision making on issues affecting them, particularly at the local levels, and every ministry shall designate officers who shall deal with matters relating to public benefit organizations, and work closely with each other and with the Authority.

Section 67Verify source

§ 68MISCELLANEOUS PROVISIONS - 68. Entry permitsProvision

Entry permits where the services of such employees are necessary for the proper function of the organization.

Section 68. Entry permits Section the services of such employees are necessary for the proper function of the organization;

Section 68Verify source

§ 69MISCELLANEOUS PROVISIONS - 69. RegulationsOffence

The Cabinet Secretary may make regulations on the Authority's recommendation; regulations that impose conditions, restrictions or prohibitions must be proportionate; if breach of a regulation is an offence, regulations must, where practicable, give notice and a reasonable opportunity to comply before criminal liability.

Section 69. Regulations Section 69(1) The Cabinet Secretary may, on the recommendations of the Authority, make regulations generally for the better carrying into effect of the provisions of this Act. Section 69(2) Any condition, restriction or prohibition contained in Regulations made under subsection (1) shall be proportionate to the objects of those Regulations and shall limit the rights of persons and bodies as little as is reasonably possible. Section 69(3) If a failure to comply with a condition, restriction or prohibition contained in Regulations under this Act is an offence, the Regulations shall provide that, to the extent practicable, before being subjected to criminal liability, the affected person shall be given notice of the offence and a reasonable opportunity to comply with the Regulations. Section 69(4)(a) that draft Regulations have been developed for comments; Section 69(4)(a)(i) that draft Regulations have been developed for comments; Section 69(4)(a)(ii) the place where a copy of the draft Regulations may be obtained; Section 69(4)(b) a period of at least one month from the date of the notice shall be allowed for interested parties to comment on the draft Regulations; Section 69(4)(c) comments received on the draft Regulations shall be considered before making the Regulations.

Section 69Verify source

§ 70MISCELLANEOUS PROVISIONS - 70. Repeal of No. 19. of 1990Repeal

The Non-Governmental Organisations Co-ordination Act, 1990 is repealed.

Section 70. Repeal of No. 19. of 1990 Section The Non-Governmental Organisations Co-ordination Act, 1990, is repealed.

Section 70Verify source

§ 71MISCELLANEOUS PROVISIONS - 71. TransitionCommencement

The transitional provisions in the Fifth Schedule apply when this Act commences.

Section 71. Transition Section The transitional provisions set out in the Fifth Schedule shall apply upon commencement of this Act.

Section 71Verify source

Legislative relationships

11 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Act States the Act
Section 3
Authority Section 42(1)(a) register and de-register public benefit organizations in accordance with this Act
Section 42
Authority shall be audited and reported upon in accordance with the Public Audit Act
Section 59
Authority under this Act
Section 46
Board the exercise of powers or performance of functions or duties of the Authority under this Act
Section 47

G–M

1 instrument

Labour Relations Act
Section 5

N–S

1 instrument

No. 19. of 1990 The Non-Governmental Organisations Co-ordination Act, 1990
Section 70

T–Z

4 instruments

Terrorism Act
Section 2
Tribunal or the High Court shall be in breach of this Act
Section 52
Tribunal Section Except as otherwise provided in this Act
Section 55
Tribunal The Tribunal must hear and determine complaints and matters or appeals under this Act
Section 51

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