The following registration requirements detail the formation of a charitable trust or foundation in Kenya:

  1. Name of the Trust or Foundation
  2. Main Objective of the Trust. The charitable trust must fall in at least one of the following categories:
    • Relief of poverty e.g. homes & orphanages, hospitals
    • Advancement of education
    • Advancement of religion
    • Advancement of Health or saving of lives
    • Advancement of environmental protection or improvement
  3. Trusts beneficial to the community not falling under the preceding heads e.g. advancing art, culture, racial harmony.
  4. Name of the Settlor/ Donor– Full name, copy of ID card/passport; If it’s a company, a copy of the certificate of registration
  5. The proposed physical address of the trustor foundation
  6. Domicile and residence of the trustor foundation
  7. A Trust Deed
  8. The Trustees: the trustees should show competence in running the trust. For example, if it is an Education Trust, then some should have a background in teaching, etc. The following information from the trustees is required:
    • Names and addresses in full
    • Passport photos of the trustees
    • Copies of Pin certificates of Trustees
    • Copies of national ID or Passport.
    • Curriculum vitae of the trustees
    • Statement of their accounts
    • Minutes appointing the trustees
    • Petition to the minister
    • Seal of the trust
    • Statement of donor funding where applicable.
    • Financial statement of the trustor foundation
  9. Administration of the Trust: Consider whether standard procedures are appropriate or are there any special administrative procedures required. This includes the following;
    • Appointment of trustees
    • Operation of Trust accounts
    • Powers of the trustees
    • The procedure of conducting meetings
    • Amendment of the Trust deed

Procedure for Registration of a Charitable Trust in Kenya:

  1. Preparation of trust deed
  2. Payment of Stamp duty
  3. Registration: Registration may involve two stages
  4. Registration under the Registry of Documents Act
  5. Incorporation under the Perpetual Successions Act

The process takes an average of 3 to 6 months to the issuance of a certificate of Incorporation.

Read more in this blog post.

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