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Public Register

Kenya will take measures in line with her new Companies regulatory framework to establish public central registers of company beneficial ownership information.

Country: Kenya

Status: ongoing

Themes: Beneficial ownership

Last updated: December 2020

Classification:

Concrete: Somewhat Concrete | New: New | Ambitious: Ambitious

  • 6 Evidence:

    Beneficial Ownership reform in Africa: analysing progress in Ghana, Kenya, and Nigeria

    The Companies (Beneficial Ownership Information) Regulation 2020

    Open Government Partnership National Action Plan 2018-2020

    THE COMPANIES (BENEFICIAL OWNERSHIP INFORMATION) REGULATIONS, 2019

    Executive order No 2 of 2018 - Procurement of public goods, works and services by public entities

    Beneficial Ownership Open Government Partnership

  • 8 Notes:

    A legal notice on Beneficial Ownership Information disclosure has been passed. In the OGP National Action Plan 3 Objective 1, the government has committed to “We will publish a central public register of company beneficial ownership information operating in the Republic of Kenya” but it has not yet been achieved. The National Action Plan refers to year 2018 to 2020, as 2020 comes to an end, the process of creating NAP IV has not started substantively.

    Ghana and Kenya recently launched Africa’s newest online central beneficial ownership (BO) registers in October of this year.

    Updated: October 31, 2020

    The Companies (Beneficial Ownership Information) Regulations, 2020 are awaiting approval by the Parliament. While for now the register will only be accessible to competent authorities, the Kenyan government has agreed to publish a central public register of company beneficial ownership information operating in the Republic of Kenya as part of the OGP 3rd National Action Plan.

    Peer reviewer: 1

    Updated: April 30, 2020

    The Companies Act, 2015 (“the Act”) has been amended by the Companies (Amendment) Act, 2017, to promote transparency in the ownership of companies in Kenya as committed in Kenya’s OGP NAP II. The Act now includes a definition of a beneficial owner and requires that every company keep a register of its members which shall include information relating to the beneficial owners of the company and must be lodged with the Registrar of Companies within 30 days after its preparation, and within 14 days in case of amendment(s). The President in June 2018 through Executive Order 2 of 2018 further directed that all entities wishing to provide goods, works and services across all National and County Governments must disclose Beneficial Ownership Information online for public scrutiny.

    Updated: October 30, 2019

    pg.3 of Executive Order 2 of 2018 Procurement of Public Goods, Works and Services by Procuring Entities.

    Peer reviewer: 1

    Updated: October 30, 2019

    The regulations that guide the development of the register are currently undergoing public review. Additionally , this commitment has now been put as part of the commitments under the Country's National Action Plan of the Open Government Partnership (OGP)

    Updated: May 30, 2019

    Additional Notes: OGP plan: pg.18 "Develop an open, accessible and machine-readable beneficial ownership register on BO standards" Start date: December 2018, End Date: July 2020.

    Updated: May 30, 2019

    Beneficial Ownership regulations have been developed and subjected to validation with various stakeholders.

    Updated: October 30, 2018

Kenya's Commitments
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