Foreign Universities, Education & Not-for-profits

Kenya is a popular destination for foreign universities and other not-for-profit corporations engaged in research and public benefits programs in Africa. The key players in this sector include leading US universities and corporations engaged / seeking to engage in research or public benefit initiatives. 

The areas of interest are as diverse as the institutions themselves and cut across many spheres, including: flora and fauna research, education, public and tropical health (HIV and AIDS, malaria, child and maternal health), humanitarian response, environment and climate change, poverty alleviation/eradication, animal protection and wildlife conservation, agro-economics and forestry, technology, entrepreneurial training, women empowerment, social marketing, medical relief, water and sanitation, human rights, social justice, good governance, livelihoods and social welfare. 

Most of these activities are funded by the US government through USAID, as well as other philanthropic organizations such as the Bill & Melinda Gates Foundation and Rockefeller Foundation. It is therefore essential for the grantee to ensure strict compliance not only with the grant terms, but also the local law in the country where the funded project is to be implemented. 

University education in Kenya is highly regulated. Foreign universities require clear legal guidance as they seek to establish programs in Kenya to avoid the risk of being construed as operating in Kenya illegally without the requisite approvals under the Universities Act, 2012, while in reality, they are conducting non-academic programs in Kenya. 

Depending on the nature of the intended activities and the applicable regulatory framework, a foreign university considering entering the Kenyan market would require sound legal guidance on, among other things, the legislative and regulatory framework, registration options and process as well as ongoing support in the maintenance of the local entity in compliance with the law. 

On the other hand, where a foreign university intends to establish a presence in the country for academic purposes directly or through collaboration with a local accredited institution, legal guidance on the process and the applicable restrictions will be required. 

Our lawyers offer unparalleled legal expertise to foreign universities and not-for-profit organizations, which are conducting programs in Kenya. 

Having been involved in the setting up and maintenance of numerous entities locally on behalf of leading US universities and corporations, IKM is well placed to provide the necessary guidance to potential clients in this specialized area. We provide clients with practical solutions to challenging situations and assist them to navigate through the regulatory framework governing non-profit organizations, which is often unpredictable.

Capabilities

• Registration options under Kenyan law

• Carrying out the actual registration, including: drafting the constitutive documents, following up and obtaining the certificate of registration from the relevant regulator

• Statutory registrations such as PIN, NSSF, NHIF and VAT

• Employment, drafting templates for local use, providing a legal opinion on specific employment questions

• Guidance on staff redundancies

• Kenyan immigration laws and obtaining work permits and other required permits/passes for expatriate staff and their families

• Drafting and / or localizing commercial contracts

• Leases and reviewing lease agreements

• Protection of the client’s intellectual property such as trademarks, logos, patents, industrial designs

• Tax advice and assistance with tax exemptions

• Deregistration / dissolution of registered entities and obtaining the necessary regulatory approvals for the process as well as preparation and lodgment of the dissolution documents; assisting with the disposal / transfer of funds / assets and cancelation of contracts.

• Compliance not only with the law, but the ever-changing policies of the regulatory authorities