Explainer: What the 2026 PBO Regulations mean for NGOs and civil society in Kenya

Wait 5 sec.

NAIROBI, Kenya, May 14 — Kenya’s nonprofit and civil society sector is entering a new legal era following the rollout of the Public Benefit Organizations (PBO) Regulations, 2026, which operationalize the Public Benefit Organizations Act, 2013.The regulations, approved by Parliament in April 2026, officially replace the old NGO Coordination Regulations of 1992 and establish a new framework for the registration, oversight and management of nonprofit organizations operating in Kenya.Here is what the new regulations mean for NGOs, charities, foundations and international organizations.1. NGOs will automatically transition into PBOsOrganizations previously registered under the repealed NGO Coordination Act of 1990 will not need to apply for fresh registration.Instead, they will automatically transition into the new Public Benefit Organization framework under Regulation 43.However, organizations must still submit updated documentation to the Public Benefit Organizations Regulatory Authority (PBORA), including:Updated constitutionsGovernance detailsMinutes approving the transitionExisting NGO registration certificatesPBORA will then issue new certificates reflecting their updated PBO status.Public Benefit Organizations Authority directs NGOs to update records under new PBO law2. New governance rules for organizationsThe regulations introduce stricter governance requirements for organizations seeking registration.Every organization must:Have at least five directorsEnsure that not more than three directors are relatedEnsure at least one-third of directors are Kenyan residentsOrganizations are also required to disclose:KRA PINsNational IDs or passport detailsPhysical addressesPhone numbers and email contacts of officials3. Wider oversight and reporting obligationsUnder the regulations, PBOs must maintain updated records including:Audited accountsAnnual financial statementsAsset inventoriesAnnual activity reportsOrganizations must also notify PBORA whenever they make “material changes,” including:Changes in directors or officialsConstitutional amendmentsNew banking arrangementsAddress changesChanges in authorized agents for international organizationsSome changes must be reported within 30 days, while others have a 60-day reporting window.4. Annual reporting is now mandatoryEvery registered PBO must submit annual reports to the Authority using prescribed forms.Failure to comply with reporting obligations could expose organizations to investigations, sanctions or deregistration.The Authority has also been granted powers to conduct inquiries into:Financial irregularitiesNon-compliance with the lawGovernance disputesSuspicious activities5. Tougher deregistration and compliance measuresPBORA can deregister organizations if they:Fail to comply with the lawRemain inactive for three yearsEngage in money laundering or economic crimesViolate Kenyan lawsBefore deregistration, organizations must be notified and given an opportunity to respond or correct violations.The regulations also require organizations to maintain proper records of assets and ensure all resources are used strictly for public benefit purposes.6. PBOs can engage in business activitiesOne of the notable changes is that PBOs will now be allowed to engage in lawful economic activities to support their charitable work.However, organizations must:Obtain necessary licensesFollow sound financial practicesEnsure profits are only used to support public benefit activities7. New fees introducedThe regulations introduce a new fee structure for registration and compliance services.Some of the charges include:Sh25,000 for registration as a national PBOSh45,000 for registration as an international PBOSh2,000 annual reporting feeSh4,000 fee for changing officials or constitutionsSh15,000 fee for changing an organization’s name8. Recognition of self-regulation forumsThe regulations formally recognize self-regulation forums for nonprofit organizations.A forum must consist of at least 10 registered PBOs operating within related sectors or regions.Federations of forums can also be established if at least five forums come together.9. Increased transparency requirementsOrganizations are now expected to make their activities accessible to stakeholders upon request, except for proprietary or personal information.The regulations also emphasize compliance with Kenya’s data protection laws.10. Why the regulations matterThe 2026 Regulations are the first comprehensive implementation framework for the PBO Act, which was passed in 2013 but remained largely dormant for years.The government says the framework is intended to:Improve accountabilityStrengthen governanceEnhance transparency in donor-funded organizationsStandardize nonprofit operationsReduce risks related to terrorism financing and financial crimesFor Kenya’s nonprofit sector, the regulations mark one of the most significant legal and administrative changes in more than three decades.