Sakaja’s foundation among over 2,800 non-compliant NGOs facing deregistration
By Lucy Mumbi |
They are required to submit annual financial reports and apply for re-registration under the new Act within three months of its commencement.
Over 2,800 non-governmental organisations (NGOs), including the Sakaja Foundation, associated with Nairobi Governor Johnson Sakaja, are set to be de-registered for violating conditions linked to their registration certificates.
In a gazette notice issued on December 5, the Public Benefit Organisations Regulatory Authority (PBORA) announced that the move would take effect 15 days from the publication of the notice.
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"Notice is given pursuant to Section 18 (1) of the Public Benefit Organisations Act, 2013, that the Public Benefit Organisations Regulatory Authority intends to cancel the registration certificates of the organisations listed in the Schedule hereto on the grounds that they have breached the provisions of the Act and violated the terms and conditions attached to their certificates,” Lindon Nicolas, the acting director of the Public Benefit Organisations Regulatory Authority said.
“Cancellation of the said certificates shall take effect fifteen (15) days from the date of this notice."
The Sakaja Foundation is among the many listed for non-compliance, having defaulted for over a year.
Others are Resources Project-Kenya, which the government says has defaulted for 21 years, Intex Welfare Foundation (15 years), Huruma Integrated Child Programme (18 years), Jamii Zetu Africa (Jaza) (19 years) and the Disabled Persons National Alliance of Kenya (19 years).
Others include the Chameria Children Support Centre, Ambassador Daniel Kazungu Foundation, Biofill Foundation, Borabu Initiative, and Citizenry Against Poverty.
The de-registration of these NGOs follows the implementation of the Public Benefits Organisations (PBOs) Act in May 2024. The law governs the registration, regulation, and management of NGOs in Kenya.
Under the new law, all NGOs previously registered under the repealed law are automatically deemed to be registered as public benefit organisations.
They are required to submit annual financial reports and apply for re-registration under the new Act within three months of its commencement.
The law also stipulates that NGOs registered outside of Kenya and wishing to operate within the country must apply to the PBORA for a certificate.
International organisations registered under the Act must ensure that at least one-third of their directors are Kenyan citizens residing in Kenya. They are also required to have an office based in the country.
However, an international organisation may be granted an exemption from registration and instead receive a permit to operate in Kenya provided it does not directly implement any activities or programmes within the country, nor operate from Kenya to carry out activities in other countries. Additionally, such an organisation must not raise funds or subscriptions in Kenya.
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