The government has issued an early warning to non-governmental organizations (NGOs) to begin transitioning to the new Public Benefit Organizations (PBO) regulatory framework ahead of the May 13, 2026, deadline.
In a notice by the Ministry of Interior and National Administration on May 4, organizations that are still operating under the old NGO framework were advised to immediately review and comply with the requirements set out in the Public Benefit Organizations Regulations, 2026.
The ministry said the transition process is already open and requires organizations to submit prescribed information and supporting documents to facilitate re-registration and issuance of new compliance certificates.
The warning comes weeks before the close of the official transition period, which the government says will not be extended.
Kenya adopted the PBO framework following the publication of Legal Notice No. 43 in the Kenya Gazette, replacing the Non-Governmental Organizations Co-ordination Act of 1990, which has since been repealed.
All NGOs previously registered under the old law are required to comply with the new framework.
The government said early compliance will help organizations avoid last-minute delays that could disrupt programs, funding arrangements, and ongoing activities.
According to the ministry, experience from past regulatory transitions shows that late applications often lead to congestion, incomplete documentation, and processing backlogs, which may delay the approval of compliance certificates.
Requirements Under the New Law
Under the PBO Regulations, organizations must apply for registration as national or international public benefit organizations, seek bestowment of PBO status, or apply for exemption where applicable.
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The transition requires NGOs to submit updated constitutions, board resolutions, governance details, physical and postal addresses, sources of funding, and particulars of directors.
At least one-third of directors must be Kenyan nationals resident in the country.
Once registered, organizations will be required to submit annual activity reports and audited financial statements, and to formally notify the regulator of any material changes, including changes in leadership, banking arrangements, or addresses.
The regulations also introduce application and compliance fees, including charges for registration, annual reporting, and notification of changes.
The ministry says the fees are intended to support the administration and oversight of the sector while strengthening transparency and accountability among registered organizations.
Consequences of Delayed Action
The Interior Ministry cautioned that organizations that wait until the last minute risk failing to complete the process before the deadline, which could affect their legal standing.
Under the law, organizations that do not complete the transition on time face suspension or cancellation of their registration.
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Suspended organizations are barred from accessing bank accounts, running projects, borrowing or lending funds, or disposing of assets.
Deregistered organizations may also be required to transfer assets to other compliant public benefit organizations and could face difficulties with donors and partners.
The ministry further warned that deregistration could disrupt service delivery in sectors such as health, education, humanitarian aid, and community development, where NGOs play a critical role.
The government said the new regulatory framework aims to strengthen accountability, transparency, and oversight in the civil society sector while aligning Kenya’s laws with international best practices.
NGOs have been advised to start the transition process immediately to avoid disruptions and ensure continuity of their operations beyond May 2026.
Why NGOs Remain Confused After Court Ruling on PBO Rules
The transition to the PBO framework has been complicated by court rulings that created uncertainty within the NGO sector.
In June 2025, the High Court ruled that requiring NGOs registered under the repealed NGO Co‑ordination Act of 1990 to apply afresh for registration was unconstitutional and ordered automatic recognition as public benefit organizations.
However, the Public Benefit Organizations Regulations, 2026, later gazetted in March, still require organizations to submit prescribed documentation to obtain compliance certificates.
This distinction between automatic recognition and administrative compliance confused, prompting the government to issue fresh clarification through the May 4 notice.
