Charities & Not-For-Profit Organizations

Charitable and not-for-profit organizations are fundamental to the socio-economic development of our
society. These organizations, including NGOs, enhance state services by providing essential social services
like education, healthcare, environmental conservation, and various socio-economic activities aimed at
enhancing human welfare.

At KK WAWERU Advocates LLP, we are committed to supporting our clients’ communities by addressing
the legal, regulatory, and governance needs of charities and not-for-profit entities. Since its
establishment, KK WAWERU Advocates has provided comprehensive legal assistance to both local and
international NGOs and charitable organizations, from registration and incorporation in Kenya to offering
advisory services and representation in various operational and transactional matters.
Our experience extends internationally, with collaborations with legal counsels in the USA and Europe,
particularly for our international charities, as well as through our regional offices in Uganda, Tanzania, and
Rwanda.

Our advocates are encouraged to actively engage in charitable activities, giving back to the communities
we operate in. As a firm, we participate in numerous charitable initiatives, directly and indirectly. Our
advocates offer pro bono legal services and engage in various CSR initiatives, either independently or in
partnership with our clients.

With our extensive experience and deep understanding of the unique needs, challenges, and significance
of charitable and not-for-profit organizations, we serve a diverse range of clients involved in healthcare,
religion, environmental protection, social services (such as poverty relief), international development, and
education.

We represent various not-for-profit organizations, including local and international NGOs, charitable
trusts, endowment funds, foreign charities operating or planning to operate in Kenya, foundations,
religious congregations, religious associations or councils, churches, societies, community-based groups,
advocacy groups, service clubs, trade organizations, governmental and quasi-governmental entities, and
recreational clubs. Additionally, we assist universities, colleges, schools, healthcare facilities, hospitals,
climate change and environmental groups, trade and professional associations.
For some organizations, we act as their primary legal counsel or advisors. For others, our work focuses on
specific transactions or operational matters.

Our Experience

We take a multi-disciplinary approach to serving charities and not-for-profit organizations. Our Charities
and Not-For-Profit Practice Group includes lawyers with diverse experience in laws affecting such
organizations. We leverage the expertise of our team to provide specialized and seamless legal and
operational advice. Our team is equipped to handle a wide range of transactions, including:
• Registration or incorporation of various types of not-for-profit and charitable entities such as
NGOs, charitable trusts, foundations, and branches or liaison offices of foreign charitable
organizations.

• Legal and compliance advisory, including the filing of requisite returns.

• Land and property law, including property sale and purchase transactions, change of user,
extension of leasehold titles, processing of leases and licenses, etc.
• Commercial and corporate law, including drafting and reviewing contracts, agreements, or policy
documents, as well as corporate governance audits and advisory.
• Labor and employment matters, including drafting and reviewing employment contracts, HR
Manuals, and other policy documents.
• Immigration law matters, including processing work permits and passes.
• Intellectual property law, including the registration of trademarks or service marks.
• Dispute resolution, including civil and public interest litigation and alternative dispute resolution.
• Tax law advisory, including tax reviews and health checks, taxation of expatriates, and processing
of applicable tax exemptions such as income tax exemptions, stamp duty, and capital gains tax
exemptions.

We also assist in reviewing and structuring constitutive documents and provide expert advice on ongoing
operations and management issues, tax-related issues, including special requirements for the
disbursement of donated funds, and matters related to trustees’, members’, and directors’ duties and
responsibilities, as well as ways to mitigate or avoid liability.

To ensure sustainability, we represent and offer legal advisory services to charitable organizations with
income-generating activities, including the registration of private companies or setting up a group of
companies. These businesses include insurance and micro-finance, educational institutions, hostels and
student accommodations, hotels and catering establishments, commercial buildings, agricultural farms,
as well as health facilities and hospitals.

KK WAWERU Advocates also helps charities and not-for-profit organizations navigate the challenges of
increased oversight by government and regulators, heightened legal, regulatory, and corporate
governance requirements, and growing public scrutiny.