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New regulations to guide community groups operation in Kenya

By J, KNA

The government is focused on enhancing transparency and accountability in operations of community groups in Kenya.

Subsequently, the government has drafted Community Groups Registration Regulations 2025, geared towards operationalisation of the Community Groups Registration Act 2022.

If approved, the regulations that were published on August 15,2025, will introduce tighter regulations that will help eliminate briefcase organizations and strengthen oversight of the non-profit sector in the country.

According to Assistant Director of Social Development at the Ministry of Labour and Social Protection Francis Mwangi, the Draft Community Groups Registration Regulations, once endorsed will empower the state to at least once in every year, publish a notice in the Kenya Gazette, the names of community groups that have been struck off the register, in a move aimed at restoring public trust by ensuring only genuine, impactful and transparent organizations are allowed to operate.

To enhance the accountability and transparency of community groups, the regulations require the entities to maintain proper records, conduct regular audits and disclose their financial information.

“We reaffirm our support for a vibrant, well-regulated community groups’ movement that complements government efforts in delivering services, promoting social justice, and deepening democratic governance across the country,” said the Assistant Director.

He said, “The purpose of the Community Groups Registration Regulations 2025 is to formalize the operations of community groups by providing rules for their registration, leadership and compliance under the Community Groups Registration Act.”

Speaking during a public participation forum on the Draft Community Groups Registration Regulations 2025 at the Rift Valley Regional Commissioner’s plenary hall in Nakuru, Mwangi noted that one of the key goals of the government is to weed out briefcase community groups that claim to work in certain regions, collect donor funds, but ultimately channel the money into individual pockets.

The regulations categorize community groups as Self-Help, Special Interest, Community Based Organizations, Community Project, Amalgamated Groups and Merged Groups.

The Assistant Director added that the proposed regulations aim to formalize community group operations, requiring registration, leadership rules, and compliance with transparency, financial reporting, and good governance practices.

The framework, he said, is intended to strengthen grassroots organisations and enable them to access government and donor support.

The Community Groups Registration Act, 2022, was enacted by Parliament and assented to by former President Uhuru Kenyatta on July 6, 2022. It came into force on July 26, 2022.

The Act repealed the Societies Act, Cap 108, which previously governed the registration of community groups.

It is the first law since independence to regulate Community groups whose operations were previously guided by a Presidential Executive order and implemented by the social development directorate.

The Bill was introduced by former West Pokot Senator Samuel Phogishio who came up with the Community Groups Registration Bill 2021, which was passed by both the National Assembly and the Senate into an Act of Parliament.

The first attempt to regulate the sector was through Martha Karua, then Gichugu MP, who introduced in parliament the Self-Help Association Bill 2015 that flopped after the first reading.

Mwangi pointed out that with the law, the government will closely monitor the operations of community groups, which will be required to submit reports every close of the financial year to ensure they are dealing in legal activities as stipulated in the registration certificates.

The regulations, if approved, will make it mandatory for community groups to maintain up to date records of their constitutions, audited accounts, register of members, annual progress reports and any other document that the state may specify.

According to the Draft Regulations, a person who contravenes its requirements commits an offence and shall on conviction be liable to a fine not exceeding Sh10,000 or a community service order for a period not exceeding three months.

Principal Social Development Officer Priscilla Mueni clarified that the regulations, if accepted, shall not apply to public benefit organisations, cooperative societies, enterprises and societies registered under the Public Benefits Organizations, Cooperatives, Micro and Small and Societies Acts respectively.

Mueni stated that the State shall not register a community group by a particular name if in the opinion of the Director of Social Development, the name is likely to give the impression that the community group is connected with a state organ, a county government or any other public entity or is similar to a name used by another community group.

She added that registration will be disallowed if the name constitutes an offence under the Act or any other written law or in the opinion of the Director, the name is offensive.

Mueni pointed out registration grants groups legal status, allowing them to enter contracts, own property, and function as recognised entities.

The Principal Social Development Officer noted that the regulations seek to protect members from mismanagement while providing for dispute resolution mechanisms, adding that they also facilitate formal registration which grants community groups legal capacity, enabling them to undertake activities like sustaining litigation in public interest matters and enforcing their constitutional rights.

She stated that regulations outline rules for the governance of community groups, including the need for a constitution, the election of office bearers, and procedures for mergers and amalgamations.

“They set conditions for how groups can merge or amalgamate, requiring a three-quarters member agreement and approval from the Director of Social Development. They support dispute resolution, social impact assessment, and other functions to help community groups,” Mueni explained.

She noted that the Director of Social Development is responsible for registering groups, overseeing their functions, and ensuring compliance with the Act.

With regard to the Community Groups Registration Act, 2022, Mueni said the statute protects the public interest by ensuring that community groups operate in a responsible manner and do not engage in activities that are harmful to the public.

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