Non-Governmental Organizations Co-ordination Act

Section 1. Short title Section This Act may be cited as the Non-Governmental Organizations Co-ordination Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Non-Governmental Organizations Co-ordination Board established by section 3 (1); "Bureau" means the executive directorate of the Board; "certificate" means certificate of registration issued under Part III; "Council" means the National Council of Non-Governmental Organizations established under section 23 ; "International Non-Governmental Organization" means a Non-Governmental Organization with the original incorporation in one or more countries other than Kenya, but operating within Kenya under a certificate of registration; "National Non-Governmental Organization" means a Non-Governmental Organization which is registered exclusively in Kenya with authority to operate within Kenya; "Non-Governmental Organization" means a private voluntary grouping of individuals or associations, not operated for profit or for other commercial purposes but which have organized themselves nationally or internationally for the benefit of the public at large and for the promotion of social welfare, development charity or research in the areas inclusive of, but not restricted to, health, relief, agri...

Section 3. Establishment of the Board Section 3(1) There is hereby established a Board to be known as the Non-Governmental Organizations Co-ordination Board. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) receiving, borrowing and lending money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate.

Section 4. Composition of the Board Section 4(1)(a) a chairperson appointed by the President; Section 4(1)(b) three members appointed by the Cabinet Secretary by virtue of their knowledge or experience in development and welfare management; Section 4(1)(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to Non-Governmental Organizations; Section 4(1)(d) the Principal Secretary in the Ministry for the time being responsible for foreign affairs; Section 4(1)(e) the Principal Secretary to the National Treasury; Section 4(1)(f) the Principal Secretary in the Ministry for the time being responsible for economic planning; Section 4(1)(g) the Principal Secretary in the Ministry for the time being responsible for social services; Section 4(1)(h) the Attorney-General; Section 4(1)(i) seven members appointed by the Cabinet Secretary on the recommendation of the Council to represent the diverse areas of Non-Governmental Organisations’ interests within the Board; Section 4(1)(j) the executive director appointed under section 5 (1); Section 4(1)(k) the chairperson of the Council. Section 4(2) The members of the Board, other than ex officio members, sh...

Section 5. Executive director Section 5(1) The Cabinet Secretary shall appoint an executive director who shall be the head of the Bureau and responsible for the day to day management of the business of the Board. Section 5(2) The executive director shall be an ex officio member of the Board but shall have no right to vote at any meeting. Section 5(3) The executive director shall be the secretary to the Board. [Act No. 14 of 1991 , Sch.]

Section 6. Procedure at meetings of the Board Section 6(1) The chairperson shall preside at all meetings of the Board, except that in his absence, the provisions of subsection (2) shall apply. Section 6(2) In the event of the chairperson being absent from any meeting of the Board, the members present shall elect one of the members present at the meeting to preside. Section 6(3) The Board shall meet at least four times in each year but the chairperson may, and upon application by six members shall, convene a special meeting of the Board. Section 6(4) The quorum necessary for the business of the Board shall be six. Section 6(5) All questions at a meeting of the Board shall be determined by a simple majority of the votes of the members present and voting. Section 6(6) The chairperson shall have, in case of equality of votes, a casting vote in addition to his deliberative vote. Section 6(7) The Board shall cause the minutes of all proceedings of meetings of the Board to be entered in books kept for that purpose. Section 6(8) Subject to this Act, the Board shall regulate its own proceedings. [Act No. 7 of 2007 , Sch.]

Section 7. Functions of the Board Section to facilitate and co-ordinate the work of all national and international Non-Governmental Organizations operating in Kenya;

Section 8. Powers of the Board Section to establish such subsidiary organs as may be necessary for the performance of its functions under this Act; and

Section 9. Documentation centre Section The Board shall establish and maintain a documentation centre on Non-Governmental Organizations and their activities in Kenya and such other information as may be necessary for the understanding and promotion of the contribution of Non-Governmental Organizations to national development.

Section 10. Registration of Non-Governmental Organizations Section 10(1) Every Non-Governmental Organization shall be registered in the manner specified under this Part. Section 10(2) Applications for registration shall be submitted to the executive director of the Bureau in the prescribed form. Section 10(3)(a) other officers of the organization; Section 10(3)(b) the head office and postal address of the organization; Section 10(3)(c) the sectors of the proposed operations; Section 10(3)(d) the districts, divisions and locations of the proposed activities; Section 10(3)(e) the proposed average annual budgets; Section 10(3)(f) the duration of the activities; Section 10(3)(g) all sources of funding; Section 10(3)(h) the national and international affiliation and the certificates of incorporation; Section 10(3)(i) such other information as the Board may prescribe. Section 10(4) The Cabinet Secretary may, on the recommendation of the Board and by notice in the Gazette , exempt such Non-Governmental Organization from registration as he may determine. Section 10(5) Application for registration under this section shall be accompanied by a certified copy of the constitution of the propose...

Section 11. Fees Section An application for registration of Non-Governmental Organization shall be accompanied by such fees as the Cabinet Secretary may from time to time prescribe.

Section 12. Certificate of registration Section 12(1) Every Non-Governmental Organization registered under this Act shall be issued with a certificate of registration in accordance with this Part. Section 12(2) A certificate of registration shall be conclusive evidence of authority to operate throughout Kenya or such parts of the country as are specified therein. Section 12(3)(a) suing and being sued; Section 12(3)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 12(3)(c) entering into contracts; and Section 12(3)(d) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate. Section 12(4) A certificate issued under this Part may contain such terms and conditions as the Board may prescribe. [Act No. 14 of 1991 , Sch.]

Section 13.[Deleted by ActNo. 14 of 1991, Sch.]

Section 14. Refusal of registration Section it is satisfied that its proposed activities or procedures are not in the national interest; or

Section 15.[Deleted by ActNo. 14 of 1991, Sch.]

Section 16. Cancellation of certificate Section 16(1)(a) the terms or conditions attached to the certificate have been violated; or Section 16(1)(b) the organisation has breached this Act; or Section 16(1)(c) the Council has submitted a satisfactory recommendation for the cancellation of the certificate. Section 16(2) Notice of the cancellation of a certificate shall be served on the Organisation in respect of whom such cancellation relates and shall take effect within fourteen days after the date of that notice. [Act No. 14 of 1991 , Sch.]

Section 17. Entry permits Section The Board shall receive and consider application for entry permits in respect of prospective employees of a registered Non-Governmental Organization and make recommendations to the Principal Immigration Officer for the issuance of the permit to the applicant. [Act No. 14 of 1991 , Sch.]

Section 18. Board may require proof of existence Section 18(1) If the Board has reasons to believe that a registered organization has, for any reason, ceased to exist, it may publish in the Gazette a notice calling upon such organization to furnish it, within a period of thirty days from the date of the notice, with the proof of its continued existence. Section 18(2) The proof given under subsection (1) shall be accompanied by an authenticated recommendation by the Council. Section 18(3) The Board may strike off the register any organization which fails to provide proof of its existence within thirty days from the date of the notice or if the Council report does not confirm the existence of such an organization.

Section 19. Appeals Section 19(1) Any organization which is aggrieved by decision of the Board made under this Part may, within sixty days from the date of the decision, appeal to the Cabinet Secretary. Section 19(2) On request from the Cabinet Secretary, the Council shall provide written comments on any matter over which an appeal has been submitted to the Cabinet Secretary under this section. Section 19(3) The Cabinet Secretary shall issue a decision on the appeal within thirty days from the date of such an appeal. Section 19(3A)(a) the High Court may give such direction and orders as it deems fit; and Section 19(3A)(b) the decision of the High Court shall be final. Section 19(4) If the Council is satisfied that the organization has ceased to exist, its recommendation to the Board shall include suggestions of how the assets and liabilities of the organization should be distributed and the reasons thereon. [Act No. 11 of 1992 , Sch.]

Section 20. Exempt organizations Section An organization established by a State or group of states for welfare, research, relief, public health or other forms of development assistance shall not be eligible for registration under this Act.

Section 21. Privileges Section Any organization registered under this Act shall not be entitled to diplomatic or consular privileges or immunities.

Section 22. Offences and penalties Section 22(1) It shall be an offence for any person to operate a Non-Governmental Organization in Kenya for welfare, research, health relief, agriculture, education, industry, the supply of amenities or any other similar purposes without registration and certificate under this Act. Section 22(2) A person convicted of an offence under this Part shall be liable to a fine not exceeding fifty thousand shillings or to an imprisonment for a term not exceeding eighteen months or to both. Section 22(3) Upon sentence, the court may order that whole or part of the fine be remitted to the accounts of the Board to defray the cost of its operations. Section 22(4) Any person who has been convicted of an offence under this Part shall be disqualified from holding office in any Non-Governmental Organization for a period of ten years.

Section 23. Establishment of the Council Section 23(1) There shall be established a Council to be known as the Non-Governmental Organizations Council which shall, as a collective forum of all Non-Governmental Organizations registered under this Act. Section 23(2) The Council shall adopt its own structure, rules and procedures for the efficient administration of its activities: Provided that the first meeting to adopt the structure and procedures of the Council shall be supervised by an official designated by the Cabinet Secretary. [Act No. 14 of 1991 , Sch., Act No. 7 of 2007 , Sch.]

Section 24. Code of conduct Section 24(1) The Council shall advise the Board with respect to the code of conduct and such other statutes as may facilitate the regulation of Non-Governmental Organizations on matters of their activities, national security, training, the development of national manpower, institutional building, scientific and technological development and such other matters of national interest. Section 24(2) Deleted by ActNo. 7 of 2007, Sch. Section 24(3) Deleted by ActNo. 7 of 2007, Sch. Section 24(4) The Board shall prescribe rules and procedures for the audit of the accounts of Non-Governmental Organizations. Section 24(5) The code of conduct shall prescribe the responsibilities of the Council which, once approved by the Board, shall be construed as obligations under this Act. Section 24(6) The Board shall ensure that the code of conduct is consistent with the national and foreign policies and all written laws of Kenya. Section 24(7) The Board shall cause the code of conduct approved under subsection (3) to be published in the Gazette but section 33 of the Interpretation and General Provisions Act ( Cap. 2 ) shall not apply. [Act No. 7 of 2007 , Sch.]

Section 25. Transitional period Section 25(1) There shall be a transitional registration period not exceeding six months from the date of commencement of this Act: Provided the Cabinet Secretary may extend the period upon application by a Non-Governmental Organization. Section 25(2) All Non-Governmental Organizations that are presently registered under any other written law in Kenya shall, within the period specified in subsection (1), apply and obtain a certificate under this Act.

Section 26. Membership of interim council Section The first one hundred Non-Governmental Organizations to be registered by the Board under this Act shall constitute an interim council competent to develop and adopt the code of conduct under Part IV. [Act No. 14 of 1991 , Sch.]

Section 27. Financial year of the Board Section 27(1) The financial year of the Board shall be the period of twelve months commencing on the 1st of July and ending on the 30th of June in each year. Section 27(2) In the event of any change in the financial year, and for the purposes of the transition from the old financial year to the new financial year consequent upon that change, the transitional period, whether more or less than twelve months, shall be deemed for all the purposes of this Act to be a financial year.

Section 28. Investment Section 28(1) The Board may invest any of its funds in securities in which, for the time being, trustees may by law invest trust funds or in other securities which the Treasury may from time to time approve for the purpose. Section 28(2) The Board may place on deposit with such bank or banks as it may determine, any money not immediately required for allocation or application.

Section 29. Annual estimates Section 29(1) Before the commencement of a financial year the Board shall cause to be prepared estimates of the revenue and expenditure for that year. Section 29(2)(a) for the approved recurrent and development expenditure; Section 29(2)(b) for the payment of salaries, allowances and other charges in respect of the staff of the Board; Section 29(2)(c) for the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Board; Section 29(2)(d) for the proper development and maintenance of the properties of the Board; Section 29(2)(e) for the proper maintenance, repair and replacement of the equipment and other movable property of the Board; Section 29(2)(f) for the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits or insurance or in respect of such other matters as the Board may deem fit. Section 29(3) 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. Section 29(4) No expenditure shall be incurred for the purp...

Section 30. Books of accounts Section 30(1) The Board shall cause to be kept all proper books and records of account of its income, expenditure, assets and liabilities. Section 30(2)(a) a statement of financial activities, income, and expenditure during the financial year; and Section 30(2)(b) a statement of assets and liabilities of the Board existing at the end of the year.

Section 31. Audit Section 31(1) The accounts of the Board shall be audited by the Auditor-General. Section 31(2) The Auditor-General shall present to the Board, within a period of six months after the end of each financial year, a report of the examinations and audit of accounts and the report shall also be forwarded to the Cabinet Secretary. Section 31(3) The Cabinet Secretary shall lay the Board’s report and the report of the Auditor-General before the National Assembly within thirty days after the receipt of the report by him, or if the National Assembly is not sitting, within fourteen days after the commencement of the next sitting.

Section 32. Regulations Section prescribing terms and conditions for the importation and use of any equipment required by the Non-Governmental Organizations for their activities in Kenya;

Section 33. Uttering false statements Section 33(1) Any person who makes, signs or utters a false statement or declaration in support or request for the exemptions under section 32 shall be guilty of an offence and shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding three years or to both. Section 33(2) Any person convicted of an offence under this section shall be disqualified from holding office in any Non-Governmental Organization for a period of ten years. Section 33(3) On the first conviction of an official of a Non-Governmental Organization under this section, the Board may deregister that Organization. Section 33(4) On the second conviction of an official under this section, the Board shall deregister that Non-Governmental Organization. Section 33(5) Where a non-Kenyan national is convicted under subsection (2) or is found to have aided or abetted others in the offence, the Cabinet Secretary may recommend his expulsion from Kenya to the Cabinet Secretary in charge of Immigration.

Section 34. Appeals Section 34(1) The Non-Governmental Organization deregistered under section 33 (3) or (4) of this Act may appeal to the Cabinet Secretary against such deregistration. Section 34(2) The Cabinet Secretary shall deliver his decision on the appeal under subsection (1) within twenty-eight days. Section 34(3)(a) the High Court may give such direction and orders as it deems fit; Section 34(3)(b) the decision of the High Court shall be final.

Section 35. Custody of common seal Section 35(1) The common seal of the Board shall be kept in such custody as the Board directs and shall not be used except upon the order of the Board. Section 35(2) The common seal of the Board shall be authenticated by the signature of the executive director and one other member of the Board duly authorized by the Board in that behalf. Section 35(3) The common seal of the Board when affixed to any document and duly authenticated under this section shall be judicially and officially noticed and, unless and until the contrary is proved, any order or authorization of the Board under this section shall be presumed to have been duly given.