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Proposed Waqf Act

A comprehensive legal framework to establish and regulate Waqf institutions in Kenya for sustainable charitable development

Download the Proposed Waqf Act

Access the complete proposed legislation text outlining the establishment, governance, and regulation of Waqf institutions in Kenya

Key Provisions

The Proposed Act outlines critical areas for establishing sustainable Waqf governance in Kenya

Legal Recognition

Formal recognition of Waqf as a legal entity with defined rights, obligations, and perpetual existence under Kenyan law.

Regulatory Oversight

Establishment of the Waqf Commission as the statutory authority for registration, supervision, and enforcement.

Trustee Protection

Legal immunity for trustees acting in good faith, protecting them from liability while performing their duties.

Ethics & Standards

Codes of conduct for commissioners and trustees with mandatory training and certification requirements.

Registration Process

Digital platform for streamlined application, approval, and certificate issuance for Waqf institutions.

Dispute Resolution

Specialized mechanisms for resolving conflicts related to Waqf administration and beneficiary matters.

Proposed Act Overview

The Proposed Waqf Act aims to modernize and regulate Waqf institutions in Kenya, ensuring their sustainability while maximizing community impact through transparent and accountable governance.

Preamble

Recognizing the Islamic principle of Waqf as a form of charitable giving with perpetual benefit to society, and acknowledging the need for legal recognition and regulatory oversight in Kenya.

Definitions

Clear definitions of Waqf, trustee, commissioner, beneficiary, and related terms to ensure consistent interpretation and application of the Act.

Governance Structure

Establishment of the Waqf Commission with defined powers, duties, and functions including registration, supervision, and enforcement.