A safeguarding policy for a Kenyan NGO is a written, board-approved set of rules that protects the people you serve, and your own staff, from sexual exploitation, abuse, harassment and neglect. In October 2026 it is also the document donors and UN agencies ask for first. Most funders now expect a code of conduct built on the IASC’s six core principles, a way for communities to complain safely, and a safer recruitment process. This guide shows what a small or mid-sized Kenyan organisation actually needs, and what you can get for free.
By the NGOs.ke Editorial Team.
What does a safeguarding policy have to cover?
“Safeguarding” and “PSEA” (protection from sexual exploitation and abuse) are often used as if they meant the same thing. They overlap, but they aren’t identical. PSEA is about the conduct of aid workers toward the people they assist. Safeguarding is wider: it also covers harassment of staff, child protection and the duty to keep programmes from causing harm.
UNHCR’s PSEA guidance defines sexual exploitation as any actual or attempted abuse of a position of vulnerability, differential power or trust for sexual purposes. It treats all sexual activity with children as abuse. A workable policy for a Kenyan NGO should therefore carry at least these elements:
- A code of conduct every staff member, volunteer and contractor signs, with clear consequences.
- A reporting route that doesn’t depend on the person accused, plus a named focal point.
- A complaint channel for communities that works for children, women and people who can’t read.
- Safer recruitment: reference checks, vetting and induction training.
- A case-handling process that protects survivors’ confidentiality and links to referral services.
- Partner rules, so sub-grantees and vendors meet the same standard.
What are the IASC six core principles?
These are the baseline most donor codes borrow from, so it pays to build your own code around them. In the IASC’s plain-language wording, they say:
- Sexual exploitation and abuse by humanitarian workers is gross misconduct and grounds for termination.
- Sexual activity with anyone under 18 is prohibited, whatever the local age of consent.
- Exchanging money, employment, goods or services for sex is prohibited.
- Any sexual relationship between aid providers and the people they assist that involves improper use of rank or position is prohibited.
- Workers who suspect abuse by a colleague must report it through established agency channels.
- Workers must help maintain an environment that prevents exploitation and abuse and supports the code of conduct.
Do donors really require this from Kenyan NGOs?
Yes, and the requirement usually arrives through the contract rather than through Kenyan law. UNHCR says PSEA capacity assessments are mandatory for all funded partners, done through the UN Partner Portal’s PSEA module. In a declared emergency the assessment must be completed within three months of signing the partnership agreement. Partners rated low or medium capacity need a Capacity Strengthening Implementation Plan, and are reassessed afterwards.
A job advert gives a feel for how seriously this is taken. Finn Church Aid’s 2025 Kenya posting for a Senior Safeguarding and Protection Officer listed donor compliance with MFA Finland, UNICEF and UNHCR as part of the role. If your organisation wants to be a sub-partner of a group like that, expect questions about your policy long before you see a budget.
| Who is asking | What they typically want |
|---|---|
| UN agencies (e.g. UNHCR) | PSEA capacity assessment via the UN Partner Portal; improvement plan if rated low or medium; allegations reported “without delay” |
| International NGOs and bilateral donors | Signed code of conduct, safeguarding policy, focal point, training records |
| Child-focused funders | Child safeguarding policy, vetted staff, safe programme design |
| Kenyan regulators | Governance documents and compliance filings (see our registration guide) |
What does the Kenyan law add?
The Children Act 2022 gives effect to Article 53 of the Constitution. It discourages institutional placement except as a last resort, requires rescue centres in all 47 counties, and makes county governments responsible for regulating child care facilities. If you run a children’s programme, check with your county children’s office what registration and inspection applies to you. Reporting duties and related offences sit across other laws, so take legal advice for your specific programme rather than relying on a general summary. Our piece on child protection and safe spaces covers the programme side.
How do you vet new hires: the Misconduct Disclosure Scheme
The most common failure in the sector is a person dismissed for abuse at one organisation being hired by another. The Misconduct Disclosure Scheme (MDS), hosted by the CHS Alliance with SCHR and launched in January 2019, is built to prevent that. It is not a central database. Instead, a recruiting organisation uses a standard Statement of Conduct to ask previous employers, covering at least the past five years, whether the candidate has a substantiated record of sexual exploitation, abuse or harassment. The candidate’s consent is required.
- Cost: there is no membership fee, though you may spend money upgrading HR records and recruitment processes.
- Eligibility: open to all types of organisation. You need a commitment from your CEO or equivalent, and you must both check previous employers and answer checks from others.
- Track record: over 260 organisations were implementing it by March 2024, and the CHS Alliance reports more than 137,000 checks between 2019 and 2023, with 385 applications rejected at recruitment stage.
- Reporting: members report annually, by 31 January.
What free help can a small Kenyan NGO use?
You don’t need a consultant to start. The Safeguarding Resource and Support Hub is free to use and offers a resource library, five interactive e-learning modules and a directory of quality-assured safeguarding consultants. The site is available in English, Arabic, French and Swahili. Its national hubs are in places such as Ethiopia, Nigeria and South Sudan; Kenya is not one of them, but the library is open to anyone, so check the site for the current list of resources.
A 30-day plan for a small organisation
Week 1: Set the rules
Draft the code of conduct from the IASC principles, name a safeguarding focal point, and get board approval. Record the date in minutes.
Week 2: Build the reporting route
Set up at least two ways to complain, for example a phone line, a locked box and a trusted community volunteer. Test them with people who actually use your services. Decide in advance who handles allegations about the director.
Week 3: Fix recruitment
Add reference questions about misconduct to your forms, obtain candidate consent, and consider joining the MDS. Handle personal data in line with our data protection guide for NGOs.
Week 4: Train and publish
Train all staff and volunteers, get signatures, and put a plain-language summary where communities can see it. Staff handling complaints need specific training, and they should never investigate on their own. Pass allegations to a qualified investigator.
FAQ
Is a safeguarding policy legally required for a Kenyan NGO?
There is no single law that says “have a safeguarding policy”, but donor contracts, UN partner assessments and child-protection rules effectively require one. Confirm any legal duties for your programme with a lawyer.
What’s the difference between safeguarding and PSEA?
PSEA covers sexual exploitation and abuse of the people you assist by aid workers. Safeguarding is broader and also covers harassment, child protection and avoiding harm through programme design.
Who should be our safeguarding focal point?
Someone senior enough to be taken seriously and not so senior that nobody can report them. Never choose a person who supervises most of the staff, and always name a back-up.
Can a small CBO join the Misconduct Disclosure Scheme?
The scheme says it is open to all types of organisation, with no subscription. You need leadership sign-off and processes to request and answer misconduct checks.
What should staff do if they suspect abuse by a colleague?
Report it through the agency’s reporting mechanism, as principle five requires. Don’t investigate or confront the person yourself. Protect the survivor’s confidentiality.
Policies matter most to the organisations that have lost trust once. Write yours before you need it, and review it every year as part of your board cycle. For the official standards, see the UNHCR emergency handbook guidance on PSEA.
This article is general information, not legal advice. Information is current as of October 2026.
Leave your comment