Economic risk
Kenya Bolsters AML and CFT Regulation Framework with Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Act
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The Public Benefits Organisations Act 2013 (the PBO Act) came into force on 14 May 2024. The operationalisation of the PBO Act brings a myriad of changes to regulation of non-governmental organisations and public benefit organisations.
A Public Benefit Organisation (PBO) is a voluntary membership or non-membership grouping of individuals or organisations, which is autonomous, non-partisan, non-profit making, and which is:
A public benefit activity is an activity that supports or promotes public benefit by:
The Act repeals the Non-Governmental Organisations Coordination Act, 1990 (the NGO Act), the purpose of which was to govern the registration and regulations of NGOs.
The NGO Act provided for the Non-Governmental Organisations Co-ordination Board (the NGO Board) which acted as the regulator in the NGO sector. The PBO Act constitutes a new regulator, specifically the Public Benefit Organisations Authority (the PBO Authority) which shall take over the functions of the NGO board.
The functions of the PBO Authority, among others, include:
NGOs registered under the NGO Act are required to seek registration as PBOs under the PBO Act within one year from 14 May 2024 i.e. by 13 May 2025. Their PBO status will cease to exist if they do not apply for registration under the PBO Act within thirty days after a specific notice has been issued to them by the PBO Authority.
The NGOs that were exempt from registration under the NGO Act are now required to apply for registration under the PBO Act within three months from 14 May 2024.
The PBO Act provides for mandatory registration of all PBOs in Kenya.
An organisation shall not claim to be a PBO or receive benefits a PBO would enjoy unless it is registered under the PBO Act. Some of the benefits that PBOs enjoy include:
Application for registration as a PBO shall be made to the PBO Authority accompanied by:
The PBO Authority may either approve or reject the application, and where it rejects the application it shall cite reasons.
An organisation which is registered outside Kenya that intends to operate in Kenya shall apply to the PBO Authority for a certificate to operate in Kenya.
The registered international organisation must:
The PBO Act introduces a new requirement for international organisations to have an authorised Kenyan agent who is a Kenyan citizen who is resident in Kenya. This authorised agent is authorised to receive official summons, notices and inquiries on behalf of the international organisation.
The PBO Authority may exempt internal organisations from registration provided that the organisations does not intend to:
The PBO Act establishes the PBOs tribunal which shall determine appeals from members of the public or PBOs against the decisions of the PBO Authority and complaints arising out of a breach of the PBO Act.
The PBO Act improves the regulatory framework over PBOs. We anticipate that regulations will be published in the near future to operationalise implementation of the PBO Act and enable compliance.
If you have any questions, please contact Mati Munuve.
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