Community Based Organisations in Kenya: Registration Process, Requirements, and Legal Guide
- Muhoro & Gitonga Associates
- Jan 26
- 5 min read
Table of Contents
1. Introduction
Community Based Organisations (CBOs) play a vital role in Kenya's social development landscape. They empower local communities to address shared challenges and improve livelihoods.
This article provides general guidance on CBOs under Kenyan law, focusing on registration, requirements, and operations. It draws from the Community Groups Registration Act, 2022, and related provisions.
Note that this is not legal advice; consult a qualified professional for specific situations.
2. What is a Community Based Organisation?
A Community Based Organisation is a voluntary association of individuals from the same community or with shared interests. It aims to improve members' livelihoods or benefit the community through collective action.
Key characteristics include:
Self-organised structure.
Focus on common purposes like social welfare, economic empowerment, or environmental projects.
Exclusion of political groups or those against public policy.
Under Kenyan law, CBOs fall within the definition of "community groups" as per the Community Groups Registration Act, 2022. This distinguishes them from larger entities like Non-Governmental Organisations (NGOs) registered under the Public Benefit Organizations Act, 2013.
3. Legal Framework for CBOs in Kenya
The primary law governing CBOs is the Community Groups Registration Act, 2022 (Act No. 30 of 2022). This Act provides a regulatory framework for registration, administration, and oversight of community groups, including CBOs.
Key aspects of the Act:
Administered by the Director of Social Development under the Ministry of Labour and Social Protection.
Establishes county coordinators and sub-county social development committees for local support.
Aligns with the Constitution of Kenya, 2010, particularly Articles on freedom of association and community participation.
Recent developments include the Draft Community Groups Registration Regulations, 2025, which propose updates like a two-year validity for registrations and prescribed forms. However, the 2022 Act remains the core statute.
Case law examples, such as People Like Us CBO (Suing through its officials Hussein Mohamed Abdinoor (Chairman) Aisha Adan (Secretary) and Aisha Halkanot (Treasurer) v Kimaru & 4 others (Environment & Land Case 016 of 2021) [2025] KEELC 1423 (KLR) (20 March 2025) (Judgment), highlight disputes over CBO operations, emphasizing the need for compliance with internal constitutions and statutory requirements.
4. Requirements for Registering a CBO
To register a CBO, groups must meet specific criteria under the Community Groups Registration Act, 2022.
Essential requirements:
Minimum membership: At least 10 adult members for general groups; 5 for special interest groups (e.g., those with unique community needs).
Common purpose: Focused on community benefit or livelihood improvement.
Group constitution: Must comply with the Act and include rules on governance, meetings, and finances. A model constitution is available in the Act's Second Schedule.
List of members: Including names, addresses, and dates of admission.
Elected officials: Such as chairperson, secretary, and treasurer.
Application form: Prescribed form with supporting documents.
Fee: Typically, Kshs 5,000, as indicated in practical guidelines (subject to regulations).
Special interest groups require a declaration from the Director.
5. Step-by-Step Guide to CBO Registration
Registering a CBO involves a structured process overseen by the Director of Social Development.
1. Form the Group: Gather at least 10 members, draft a constitution, and hold a meeting to agree on registration. Record minutes.
2. Name Search (if applicable): Check availability through the eCitizen portal or ministry offices to avoid conflicts.
3. Prepare Documents: Compile the application form, constitution, member list (in Excel format if required), minutes, and list of officials.
4. Submit Application: Lodge at the sub-county social development office or via eCitizen. Include any Memorandum of Understanding if the group forms through amalgamation.
5. Pay Fees: Remit KSh 5,000 registration fee.
6. Review and Approval: The Director reviews within 14 days. If approved, receive a certificate; if rejected, get written reasons with appeal options to the Cabinet Secretary.
The process typically takes 5-14 working days for approval.
6. Governance and Management of CBOs
Registered CBOs must establish clear governance structures.
Core elements:
Office bearers: Elected officials like chairperson, secretary, and treasurer, responsible for daily management.
Annual General Meetings (AGMs): To adopt reports and elect leaders.
Sub-county committees: Provide oversight, dispute resolution, and capacity building.
The Act requires ethnic balance, gender inclusion, and representation of persons with disabilities in committees. Groups must notify changes in officials or address within one month.
7. Compliance Obligations for Registered CBOs
Compliance ensures CBOs operate legally and transparently.
Key obligations:
Maintain records: Member register, financial accounts (retained for 7 years), and transaction details.
Submit reports: Biennial activity and financial reports to the Director by June 30.
Internal audits: Annual accounts rendered by the treasurer.
Dispute resolution: Use internal mechanisms first; escalate to sub-county committees or Director (resolved in 14 days).
Renew registration: Every two years initially, then annually, with reports submitted two months before expiry.
Penalties for non-compliance include fines up to KSh 100,000 or suspension.
8. Dissolution and Cancellation of CBO Registration
CBOs may end operations through voluntary or enforced means.
Processes:
Voluntary dissolution: Member resolution, notify Director with reasons and asset distribution plan (at least two months' notice).
Merger or amalgamation: Requires three-quarters member approval, debt settlement, and Director's consent.
Cancellation by Director: For fraud, non-compliance, or inactivity (e.g., no renewal for four years); includes 14 days' notice.
Assets must benefit the community or similar groups post-dissolution.
9. Benefits of Registering a CBO
Registration offers several advantages under Kenyan law.
Legal recognition: Enables access to government grants, partnerships, and contracts.
Credibility: Builds trust with donors and communities.
Dispute resolution support: Access to official mechanisms.
Capacity building: Training and resources from ministry committees.
Resource mobilisation: Guidelines for fundraising and investments.
Registered CBOs contribute to national goals like Vision 2030 and sustainable development.
10. Frequently Asked Questions (FAQ)
10.1 What is the difference between a CBO and an NGO in Kenya?
CBOs are smaller, community-focused groups under the Community Groups Registration Act, 2022, while NGOs are larger entities under the Public Benefit Organizations Act, 2013.
10.2 How much does it cost to register a CBO in Kenya?
The standard registration fee is KSh 5,000, payable during application submission.
10.3 What documents are needed to register a CBO?
Required documents include the application form, group constitution, member list, meeting minutes, and list of officials.
10.4 How long does CBO registration take in Kenya?
The Director must decide within 14 days, with the full process often completing in 5-14 working days.
10.5 Can a CBO operate without registration in Kenya?
Unregistered groups may function informally but lack legal recognition, limiting access to benefits like grants.
10.6 What happens if a CBO fails to renew its registration?
Non-renewal for four years leads to deemed dissolution; penalties may apply for late reports.
10.7 Are there special rules for women or youth CBOs in Kenya?
Special interest groups, including those for women or youth, need only five members and a Director's declaration.
10.8 How can CBOs resolve internal disputes?
Use the group's constitution first, then sub-county committees or the Director for resolution within 14 days.
