NGOs Shift to PBO Act Under New Govt Compliance Rules

Date:

NAIROBI, Kenya — The Public Benefit Organisations Regulatory Authority (PBORA) has announced the formal transition of all non-governmental organisations (NGOs) in Kenya into the Public Benefit Organisations (PBO) Act framework following the operationalisation of the PBO Act, 2013, and the enactment of the PBO Regulations, 2026.

The Authority confirmed that NGOs previously registered under the now-repealed NGOs Co-ordination Act No. 19 of 1990 will not be required to undergo re-registration. Instead, their transition into the new legal framework will be automatic under Paragraph 5(1) of the Fifth Schedule of the Act.

This marks a significant regulatory shift in how civil society organisations are governed, supervised, and recorded in Kenya, with the new framework strengthening state oversight while formalising accountability structures across the sector.

Under Section 42 of the PBO Act, PBORA is mandated to register and deregister public benefit organisations, maintain a national register detailing their operations, interpret national policy, and monitor compliance across all levels of government and civil society engagement.

The Authority is also empowered to review annual reports, issue operational guidelines, conduct investigations, and support information sharing between the government and PBOs.

According to the Authority, the implementation phase began after the Cabinet Secretary for Interior and National Administration published the PBO Regulations, 2026, on 18 March 2026. The National Assembly’s Delegated Legislation Committee approved the regulations on 9 April 2026, clearing the way for full operationalisation of the legal framework.

PBORA has now directed all PBOs to update their records in line with Regulation 43 to ensure proper entry into the new national register. The update process applies to both national and international organisations seeking classification under the PBO framework.

Organisations are required to submit key documentation, including their governing body details, a revised constitution aligned with the Act, and certified minutes containing two formal resolutions.

These resolutions must confirm entry into the PBO register and approval of constitutional amendments to align with legal requirements. NGOs must also provide their original registration certificates issued under the repealed Act.

The Authority emphasized that international organisations transitioning to exempt status are not covered under the current advisory, clarifying the scope of compliance obligations under the new framework.

All submissions will be processed through the eCitizen platform, which PBORA says will streamline registration and record updates.

The Authority further noted that the process is free of charge, and successful applicants will receive new PBO certificates bearing updated registration numbers.

These certificates will also retain legacy registration details to ensure continuity in dealings with donors, partners, and government agencies.

PBORA has also outlined its broader mandate under the Act, which includes oversight of organisations at risk of terrorism financing, ensuring compliance with national laws, and providing advisory and training services to strengthen governance within the sector.

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