Author: MiteyLaw

  • How to Start and Join a DT SACCO in Kenya

    How to Start and Join a DT SACCO in Kenya

    How to Start and Join a DT SACCO in Kenya

    Introduction to DT SACCOs in Kenya

    Savings and Credit Cooperative Societies (SACCOs) are at the heart of financial inclusion in Kenya. They give members an affordable way to save, borrow, and invest collectively. But not all SACCOs are the same. A DT SACCO in Kenya — short for Deposit-Taking SACCO — offers more advanced, bank-like services compared to ordinary SACCOs.

    Understanding how DT SACCOs work is crucial whether you are an entrepreneur thinking of starting one, or an individual looking to join and enjoy the benefits. This guide breaks down the essentials: what makes a SACCO “deposit-taking,” how to set one up, how to become a member, and the opportunities and risks you should know before committing.

    Understanding the DT SACCO Model

    How to Start and Join a DT SACCO in Kenya | Mitey & Associates

    Key Features of a DT SACCO

    A DT SACCO allows members to make withdrawable deposits and access front office services (FOSA), similar to those offered by commercial banks. Members can deposit and withdraw money through counters, ATMs, and mobile channels. DT SACCOs are regulated by the Sacco Societies Regulatory Authority (SASRA) under the Sacco Societies Act.

    Why SACCOs Rebrand to DT Status

    Many SACCOs in Kenya rebrand with the “DT” tag to signal maturity, regulatory approval, and credibility. For members, this label indicates stronger governance, better services, and increased trust. For the SACCO, it boosts visibility and competitiveness in the cooperative finance market.

    How to Start a DT SACCO in Kenya

    Legal & Regulatory Requirements

    Starting a DT SACCO is a structured process overseen by SASRA. Key requirements include:

    • Core capital: At least Ksh 10 million before licensing.
    • Licensing: Prepare and submit documentation to SASRA under the Sacco Societies Act and Deposit-Taking Regulations.
    • Regulatory oversight: Annual returns, audited accounts, and ongoing compliance checks by SASRA.

    Without meeting these conditions, an applicant SACCO cannot operate as a DT SACCO.

    Governance Structures

    Strong governance is mandatory. A DT SACCO must have:

    • A Board of Directors elected by members.
    • A Supervisory Committee to monitor performance and compliance.
    • Clear rules for Annual General Meetings (AGMs), elections, and accountability.
    • A compliant constitution and bylaws approved by SASRA.

    Funding Structure

    DT SACCOs depend on member contributions and share capital. Key funding sources include:

    • Non-withdrawable shares (provide capital base).
    • Withdrawable deposits (FOSA accounts for members).
    • Retained earnings from operations.

    A clear financial base ensures regulatory approval and builds member confidence.

    How to Join a DT SACCO in Kenya

    How to Start and Join a DT SACCO in Kenya | Mitey & Associates

    Eligibility & Application

    Most DT SACCOs in Kenya are open to individuals, corporates, and sometimes diaspora members. Common steps include:

    • Filling in a membership form.
    • Submitting ID/Passport and KRA PIN.
    • Providing passport-size photos.

    Membership Requirements & Fees

    Each DT SACCO sets its own fees and minimums. For example:

    • Nation DT SACCO: Ksh 1,000 registration fee, Ksh 2,000 share capital (100 shares × Ksh 20), and Ksh 2,000 monthly deposit.
    • Kimisitu DT SACCO: Ksh 1,000 registration, Ksh 30,000 share capital, and Ksh 2,000 monthly contribution.

    Benefits of Joining a DT SACCO

    • Loans: Emergency, development, school fees, and investment loans with multipliers on deposits.
    • Savings: Withdrawable accounts, fixed deposits, and targeted savings products.
    • Dividends & interest: Competitive returns on shares and deposits.
    • Convenience: FOSA services, ATMs, and mobile banking apps.
    • Trust: Stronger governance and SASRA regulation.

    Digital and Virtual DT SACCOs

    Technology is reshaping SACCO operations. Many DT SACCOs now offer mobile apps and USSD codes for deposits, withdrawals, and loan applications. Some are also exploring virtual SACCOs to serve diaspora communities.

    Benefits of Digital DT SACCOs

    • Easy access from anywhere.
    • Faster loan approvals and disbursements.
    • Greater transparency in account management.

    Risks to Watch

    • Cybersecurity threats.
    • Fraud from unregulated digital platforms.
    • Ensure the digital platform is SASRA-approved before transacting; see SASRA guidance for licensing and authorized platforms.

    Risks and Red Flags to Watch For

    Not every SACCO using “DT” in its name is licensed. Before starting or joining, look out for these red flags:

    • Unlicensed SACCOs: Verify SASRA registration.
    • Unsustainable loans: Unrealistic multipliers (e.g., 5x deposits with minimal security).
    • Poor governance: No clear AGMs or elections.
    • Hidden fees: Unexplained deductions or charges.
    • Delayed services: Slow loan disbursement or dividend payments.

    DT SACCO vs Non-DT SACCO: Quick Comparison

    Feature DT SACCO (Deposit-taking) Non-DT SACCO (Non-withdrawable)
    Savings Withdrawable (FOSA accounts) Locked until exit from SACCO
    Regulation SASRA (Sacco Societies Act) Co-operative Societies Act
    Services Bank-like (ATM, mobile, FOSA) Loans only
    Capital Requirements High (Ksh 10M+) Lower or none

    Checklist — Starting or Joining a DT SACCO

    For Founders

    • Raise minimum Ksh 10M core capital.
    • Draft a compliant constitution & bylaws.
    • Establish governance bodies (Board, Supervisory, AGMs).
    • Apply for a SASRA license (see licensing forms).
    • Set up FOSA operations.

    For Members

    • Submit ID, KRA PIN, photo, and application form.
    • Pay registration and share capital fees.
    • Commit to monthly deposits.
    • Confirm SASRA licensing of the SACCO.
    • Review services and governance structures.

    Conclusion — Why DT SACCOs Matter in Kenya

    A DT SACCO in Kenya offers the best of both worlds: the cooperative spirit of saving together and the convenience of bank-like services. For founders, starting a DT SACCO requires careful planning, compliance, and significant capital. For members, joining a DT SACCO means affordable credit, flexible savings, and competitive dividends — provided the SACCO is well-governed and regulated.

    Takeaway: Always verify SASRA licensing, understand the financial commitments, and choose a SACCO that matches your financial goals.

    Need help starting or evaluating a DT SACCO in Kenya? Mitey & Associates can guide you through licensing, compliance, and governance to ensure long-term success.

  • 5 Things to Consider Before Registering an NGO in Kenya

    5 Things to Consider Before Registering an NGO in Kenya


    5 Essential Legal Steps to Registering an NGO in Kenya (2025 Guide) | Mitey & Associates

    5 Things to Consider Before Registering an NGO in Kenya

    Starting an NGO in Kenya can transform your passion into meaningful social impact. Yet the journey involves navigating multiple legal requirements under the NGO Coordination Act (Cap 19), the Public Benefit Organisations (PBO) Act, 2013, and their accompanying regulations. Overlooking even one step—such as a Form 2 name reservation, a key constitutional clause, or your PBO transition—can lead to costly delays, penalties, or deregistration.

    At Mitey & Associates, led by Mitey—a former Court of Appeal judge with over 25 years’ experience—we guide founders and social enterprises through each statutory requirement with clarity, empathy, and precision. Below are the five critical considerations to ensure your NGO launches smoothly and remains compliant for long-term success.

    1. Name Reservation & Brand Due Diligence

    Your NGO’s name establishes its legal identity and public brand. Under the NGO Regulations 1992, you must file Form 2 for name reservation via the eCitizen portal or at the NGO Board office. This reserve holds your name for up to 60 days. Names that are too similar to existing NGOs, imply government affiliation, or include political terms are routinely rejected.

    Why it matters: A rejected reservation can delay your registration by weeks, harming donor trust and operational timelines.

    Best practices:

    • Prepare two to three alternative names in advance.
    • Avoid acronyms or abbreviations that might mislead.
    • Search the NGO Board directory to confirm availability.

    How we help: We perform comprehensive legal and brand due diligence, advise on naming strategy, and file your Form 2 correctly—minimizing risk and expediting your launch.

    2. Drafting a Robust Constitution & Governance Framework

    A well‐crafted constitution is the backbone of your NGO’s transparency and accountability. Under both the NGO Coordination Act and the PBO Act, 2013, your constitution must include:

    • Objectives and public‐benefit activities (per the Second Schedule of the NGO Regulations)
    • Governance structures, such as board composition, AGM procedures, and officer roles
    • Financial controls, including audit requirements, reporting schedules, and use‐of‐funds restrictions
    • Dispute‐resolution and dissolution clauses

    Using generic templates often leads to constitutional deficiencies or audit red flags.

    Why it matters: A compliant constitution builds donor confidence and prevents internal disputes.

    How we help: We tailor your constitution to reflect your mission and satisfy all statutory requirements, drawing on guidance from Kenya Law and best‐practice models from the Council on Foundations.

    3. Annual Compliance, Reporting & Tax Exemption

    Securing initial registration is only the beginning. Kenyan NGOs must maintain compliance by:

    • Filing annual returns (Form 14) within 90 days of your financial year‐end.
    • Submitting audited financial statements if revenues or expenses exceed Ksh 1 million, prepared per IFRS by auditors registered with ICPAK.
    • Reporting changes in board members, office addresses, or constitutional amendments to the NGO Board.

    To secure or retain tax‐exempt status under the Income Tax Act, you must demonstrate that your activities serve a public benefit and maintain transparent accounting. Non‐compliance can incur fines starting at Ksh 25,000, deregistration, and loss of funding eligibility.

    Why it matters: Regular compliance protects your legal status, preserves tax benefits, and upholds donor trust.

    How we help: We manage all annual filings, coordinate audits, and guide your tax‐exemption applications—ensuring you remain in good standing and free from penalties.

    4. Structuring Donor Agreements & Preparing for PBO Transition

    Donor agreements formalize the relationship between your NGO and its funders. Under Kenya’s Contract Law and NGO regulations, ambiguous terms can trigger disputes, audit issues, or fund‐clawback clauses. Your agreements should clearly define:

    • Scope of work, deliverables, and performance indicators
    • Reporting schedules and accountability metrics
    • Use‐of‐funds restrictions aligned with your constitution
    • Dispute‐resolution and termination clauses

    Meanwhile, the PBO Act requires existing NGOs to transition to PBO status by May 13, 2026, while organizations formed after May 14, 2024 must register directly under the PBO regime. PBO registration offers:

    • Tax exemptions on charitable income and eligible donations
    • VAT and duty waivers on imports for public‐benefit activities
    • Preferential access to government procurement processes
    • Eased immigration procedures for international staff

    Why it matters: Missteps in donor contracts or failing to transition can strip your NGO of critical legal and financial benefits.

    How we help: We draft donor agreements that comply with Kenyan law and your constitution, and manage your PBO conversion—from constitutional amendments to formal submissions—so you retain all legal advantages.

    5. Choosing the Right Legal Vehicle: NGO/PBO vs. Company vs. Trust

    Kenya provides several legal forms for social‐impact work:

    • NGO/PBO under the PBO Act—ideal for most charitable organizations
    • Company Limited by Guarantee under the Companies Act 2015—favoured by entities seeking corporate governance structures recognized by international donors
    • Trust under the Trustees Act—suitable for asset‐holding or specific charitable purposes

    Each vehicle carries different governance, asset‐protection, and dissolution requirements.

    Why it matters: Selecting the wrong entity can complicate governance, restrict fundraising, or expose leaders to unexpected liabilities.

    How we help: We assess your mission, funding sources, and operational model to recommend the optimal structure—NGO/PBO, company, or trust—and handle the formation or conversion process seamlessly.

    Ready to Launch Your NGO with Confidence?

    Forming an NGO should empower, not overwhelm, you. With Mitey & Associates by your side—from name reservation to PBO transition—you gain the legal clarity and peace of mind needed to focus on your mission.

  • NGO, Diaspora & Immigration Legal Services in Kenya: A Detailed Guide

    NGO, Diaspora & Immigration Legal Services in Kenya: A Detailed Guide

    NGO, Diaspora & Immigration Legal Services in Kenya: A Detailed Guide

    Starting or managing an NGO, handling Kenyan property from abroad, or securing immigration status often feels like a maze of regulations and deadlines. One missed form, late renewal, or misunderstanding of the NGO Co‑ordination Act can stall your mission, expose assets to risk, or jeopardize your residency.

    At Mitey & Associates, we guide you through Kenya’s NGO, property, and immigration frameworks with precision and empathy. Led by Mitey, a former Court of Appeal judge with over 25 years’ experience, our team ensures you meet every statutory requirement—so your work, investments, and family remain protected.

    Click on the services to learn more.

    1. NGO Registration, Compliance & Donor Agreements

    Legal Basis: NGO Co‑ordination Act 1990; Public Benefit Organizations Act 2013; Income Tax Act (PBO exemptions).

    Registering an NGO requires reserving a unique name (Form 2), drafting a compliant constitution, and filing Forms 1–3 with the NGO Coordination Board. Proper governance structures and donor agreements ensure eligibility for tax exemptions under the Income Tax Act and build trust with funders.

    Risks if mishandled: Application rejection, deregistration, loss of tax-exempt status.

    How we help: We handle name reservation, constitution drafting, board setup, donor-agreement templates, and all filings—then guide annual returns and PBO re-registration for continued compliance.

    2. Diaspora Property Management & Transactions

    Legal Basis: Land Registration Act 2012; Sectional Properties Act 2020; Power of Attorney Act.

    Owning or managing Kenyan real estate remotely demands careful title verification, sectional-title registration, and robust Powers of Attorney. Properly drafted POAs prevent fraud and ensure your agent can complete transactions without delay.

    Risks if mishandled: Fraudulent transfers, rejected POAs, disputed inheritance.

    How we help: We conduct due-diligence searches, draft and register long-term POAs, oversee off-plan and resale purchases, and advise on trust structures for seamless succession planning.

    3. Immigration, Visas & Work Permits

    Legal Basis: Kenya Citizenship & Immigration Act 2011; Immigration Regulations.

    Securing the right visa or work permit ensures lawful residence and employment. Applications under Classes D, G, F, and investor categories require precise documentation, police clearances, and timely renewals to avoid illegal-status penalties.

    Risks if mishandled: Visa denials, deportation orders, business disruptions.

    How we help: We prepare and submit permit applications, coordinate police certificates and affidavits, handle renewals, appeals to the Immigration Appeal Tribunal, and judicial reviews in the High Court when necessary.

    4. Document Legalization, Apostilles & Certifications

    Legal Basis: Oaths & Statutory Declarations Act; Hague Apostille Convention.

    Academic, marriage, and birth certificates often need notarization, apostilles, or embassy legalization for use abroad. Ensuring proper authentication avoids application delays for study, work, or family reunification.

    Risks if mishandled: Rejected documents, visa delays, contractual invalidity.

    How we help: We notarize, obtain apostilles via the Attorney‑General’s Chambers, and coordinate embassy legalizations for non‑Hague countries, ensuring your documents are recognized internationally.

    Ready to Secure Your Global Interests?

    Contact Mitey & Associates today for seamless NGO registration, diaspora property management, immigration solutions, and document legalization—so you can focus on your mission, investments, and family.

    Book a Consultation
    Download Our NGO & Diaspora Guide

  • Family Law, Personal Litigation & Appeals in Kenya

    Family Law, Personal Litigation & Appeals in Kenya

    Family Law, Personal Litigation & Appeals in Kenya: A Detailed Guide

    Navigating family or personal legal matters in Kenya can be emotionally taxing and procedurally complex. You may worry about securing your children’s future, dividing assets fairly, or overturning an unfair judgment. Errors—from incomplete custody affidavits to missed appeal deadlines—can delay solutions and deepen stress.

    At Mitey & Associates, we combine over 15 years of focused family-law practice with the insight of a former Court of Appeal judge. We listen, clarify statutes, and guide you through each process under the Matrimonial Causes Act, Children’s Act, Succession & Trustee Acts, and Civil Procedure Act—so you can move forward with confidence.

    Click on the services to learn more.

    1. Marriage, Separation & Sharia-Compliant Agreements

    Legal Basis: Matrimonial Causes Act (Cap 150); Islamic Law Practice Act.

    Civil marriages require clear contracts on dowry, maintenance, and property division under the Matrimonial Causes Act. Muslim couples need Sharia-compliant nikah and khul‘ agreements enforceable in both Qadhi and civil courts. Proper registration and drafting prevent future disputes over dowry (mahr), separation terms, and maintenance obligations.

    Risks if mishandled: Unenforceable agreements, maintenance gaps, property conflicts.

    How we help: We draft and register marriage or separation contracts, advise on filing procedures, and ensure faith and statutory requirements align seamlessly.

    2. Custody, Guardianship & Adoption

    Legal Basis: Children’s Act (No. 8 of 2001).

    The Children’s Act prioritizes the child’s best interests in granting parental responsibility or adoption. Applications demand detailed affidavits, social-services reports, and guardian-ad-litem assessments. Cross-border adoptions require Hague Convention compliance and Kenyan consular coordination.

    Risks if mishandled: Hearing delays, contested orders, emotional strain for all parties.

    How we help: We prepare affidavits, liaise with social services, compile psychological assessments, and ensure court documents meet statutory standards for smooth outcomes.

    3. Wills, Trusts & Estate Planning

    Legal Basis: Succession Act (Cap 160); Trustee Act (Cap 167).

    Under the Succession Act, a valid will prevents intestacy and inheritance disputes. Trust structures under the Trustee Act protect assets for minors and vulnerable beneficiaries. Adequate estate planning also minimises KRA duties and ensures smooth probate under Kenyan law.

    Risks if mishandled: Contested wills, executor misconduct, unnecessary tax liabilities.

    How we help: We draft clear wills, establish testamentary and protective trusts, advise on tax-efficient strategies, and guide executors through probate petitions, letters of administration, and creditor claims.

    4. Civil Litigation & Appeals

    Legal Basis: Civil Procedure Act (Cap 21); Judicature Act; Court of Appeal Rules.

    When disputes cannot be settled amicably, litigation or appeal is necessary. Timely pleadings under the Civil Procedure Act, careful evidence management, and strategic grounds of appeal under the Court of Appeal Rules are vital to success.

    Risks if mishandled: Missed limitation periods, weak grounds of appeal, adverse cost orders.

    How we help: We draft precise pleadings, manage discovery, prepare appellate records, and represent you in court—leveraging our deep bench of courtroom and appellate expertise to pursue the outcome you need.

    Ready to Resolve Your Personal & Family Matters?

    Contact Mitey & Associates for empathetic, expert guidance through Kenya’s family law, litigation, and appeals processes—so you can protect what matters most.

    Schedule a Consultation
    Download Our Family Law Checklist

  • Business, Corporate & Fintech Legal Services in Kenya

    Business, Corporate & Fintech Legal Services in Kenya


    Business, Corporate & Fintech Legal Services in Kenya | Mitey & Associates

    Business, Corporate & Fintech Legal Services in Kenya: A Comprehensive Guide

    Expanding or launching a business in Kenya often feels like navigating a maze of statutes, filings, and regulatory hurdles. Missing a company registration step, overlooking a KRA filing, or misinterpreting CBK fintech licensing guidelines can lead to penalties, operational disruptions, and lost opportunities. You deserve clarity, not confusion.

    At Mitey & Associates, we simplify this journey. Led by Mitey, a former Court of Appeal judge with 25+ years of legal expertise, our team translates Kenya’s complex corporate landscape into clear, actionable steps. We guide you through incorporation, compliance, and fintech licensing so your business can grow with confidence.

    1. Business Registration & Structuring

    Legal Basis: Companies Act, 2015 (Sections 9–14); eCitizen Regulations.

    Proper incorporation under the Companies Act, 2015, not only grants your business legal identity but also enables you to open bank accounts, secure investments, and limit personal liability. We handle name reservation, Memorandum & Articles drafting, beneficial ownership compliance, and KRA PIN, NSSF, NHIF, and county permit registrations seamlessly.

    Failure to follow statutory processes can attract fines and risk director liability. Mitey & Associates ensures your incorporation and structuring are flawless, your compliance calendar is managed, and all filings are timely and accurate, allowing you to focus on growing your business.

    2. Joint Ventures & Shareholder Agreements

    Legal Basis: Companies Act (Part V), Law of Contract Act.

    Joint ventures and partnerships without clear agreements can easily lead to disputes. We draft bespoke shareholder agreements, defining capital contributions, governance structures, director duties, exit mechanisms, and dispute resolution processes under Kenyan law to safeguard your interests from the outset.

    By addressing potential conflicts in advance through detailed agreements, we help you avoid costly disputes, deadlocks, and operational paralysis while maintaining strong working relationships between stakeholders.

    3. Taxation & KRA Compliance

    Legal Basis: Income Tax Act (Cap 470), VAT Act, Tax Procedures Act.

    Complying with Kenya Revenue Authority requirements is non-negotiable for every business in Kenya. We guide you through KRA PIN registration, VAT and PAYE setups, turnover tax filing, and comprehensive tax compliance reviews while assisting in structuring your operations for tax efficiency under Kenyan tax laws.

    Errors in tax filings can lead to audits, penalties, and unnecessary financial strain. Our services include accurate and timely returns, audit representation, and negotiating with KRA for payment plans, ensuring your business remains compliant and prepared for audits or inquiries.

    4. Fintech Licensing & Regulatory Compliance

    Legal Basis: National Payment Systems Act 2011, CBK Digital Credit Providers Regulations 2020, Data Protection Act 2019, POCAMLA 2009.

    Entering Kenya’s thriving fintech space requires navigating regulatory frameworks, CBK licensing, and data compliance. We prepare your CBK licensing applications, develop AML/CFT and KYC policies under POCAMLA, and ensure data protection frameworks compliant with the Data Protection Act, enabling you to operate transparently and efficiently within Kenya’s financial sector.

    Regulatory missteps can result in licence rejections or penalties. Mitey & Associates proactively handles your applications, liaises with regulatory authorities, and ensures your fintech operations align with statutory and regulatory frameworks, reducing your compliance risks.

    5. Commercial Contracts & Risk Mitigation

    Legal Basis: Law of Contract Act, Sale of Goods Act, Civil Procedure Act.

    Commercial agreements form the backbone of any successful enterprise. We draft and review supplier agreements, distribution contracts, employment contracts compliant with the Labour Relations Act, technology and IP licensing agreements, and service-level agreements. Our approach ensures your contracts clearly define terms, limit liabilities, and include effective dispute-resolution clauses under Kenyan law.

    Effective contract management reduces litigation risks while safeguarding your commercial interests, intellectual property, and operational clarity.

    Ready to Build Your Business with Legal Confidence?

    Let Mitey & Associates handle the legal complexities while you focus on innovation and scaling your enterprise with confidence.

    Book a Consultation
    Download Our Startup Compliance Checklist