Enforce The Public Benefits Organization Act To Streamline The Civil Society Space
The Mt Kenya Times 
By: Dennis Wendo
Worth Noting:
- Legal frameworks include the Constitution of Kenya 2010, which guarantees fundamental freedom of expression, association and assembly under Articles 33, 36 and 37 respectively.
- Kenya is transitioning from Non-Governmental Organizations Coordination Act of 1990 to Public Benefits Organization Act of 2013. The PBO Act was enacted in December 2012 and signed into law by the late President Mwai Kibaki on 14 January 2013.
- Nevertheless, the law has been inactive for over a decade until 9 May 2024 when Kindiki Kithure the then CS for Interior and National Administration, through Legal Notice No.78 of 2024, declared 14 May 2024 as the commencement date of the Act. The law moves away from NGOs to PBOs.
Civil society spells out the domain of action connecting the state and society. It defines a process that sanctions groups to implement programs that emphatically impact society in broader amplitudes. It comprises civic groups, civil society organizations and non-governmental organizations.
Oftenly, the terms NGO and CSO are used interchangeably when illustrating civil society activities. NGOs are a subset of CSOs. NGOs are legal entities working for a cause and are not affiliated with the government. They can collect funds and avail tax deductions. They are nonprofit making organizations and predominantly employ volunteers for labor. They play a pivotal intermediary role between the state and the society. Moreover, NGOs aid in mitigating multi-sectoral socio economic and political challenges within the society.
Under the United Nations, civil society contributes a major role as a partner in advancing global goals. They act as watchdogs, advocate for marginalized communities, provide expertise on local issues and contribute to policy development in essence bridging the gap between citizens and their representatives. They serve as a vital force for accountability and implementation of UN agendas such as the SDG’s.
Kenya’s landscape concerning civic space has been a dynamic interplay between constitutional guarantees, legislative frameworks, judicial oversight, civil society activism and international obligations.
Legal frameworks include the Constitution of Kenya 2010, which guarantees fundamental freedom of expression, association and assembly under Articles 33, 36 and 37 respectively.
Kenya is transitioning from Non-Governmental Organizations Coordination Act of 1990 to Public Benefits Organization Act of 2013. The PBO Act was enacted in December 2012 and signed into law by the late President Mwai Kibaki on 14 January 2013.
Nevertheless, the law has been inactive for over a decade until 9 May 2024 when Kindiki Kithure the then CS for Interior and National Administration, through Legal Notice No.78 of 2024, declared 14 May 2024 as the commencement date of the Act. The law moves away from NGOs to PBOs.
Notably, NGOs registered under the repealed law will continue to exist under the PBO Act, with a mandatory requirement to apply for fresh registration within 12 months from the commencement date of the Act. Failure to comply implies they will cease to exist.
There are over 12,000 registered NGOs in the republic of Kenya. A few demonstrate professionalism and adherence to respective mandate and objectives, moral principles and ethics code of conduct. The law-abiding NGOs have manifested exemplary outcomes in the provision of service to humanity within their scope. For instance, in the education sector a number of NGOs have immensely interceded to support the poor, needy and marginalized pupils and students by funding their studies right from the basics to tertiary and university levels. They create an enabling learning aura and support school feeding programs, supply clean drinking water, learning materials, uniforms, sanitary towels for the girl child, facilitate construction of classrooms, dormitories, libraries and lavatories. They have been in the forefront in supporting school learning exchange programs, talent nurturing and raising awareness against female genital mutilation, early teenage pregnancies, drug and substance abuse as well as lesbianism and gaysim within the learning institutions.
Similarly, in the security sector, NGOs have lobbied for the formulation of laws and policies aimed at buttressing security apparatus and cushioning actors. They evenly engage in peace building and conflict resolution programs. In the North Rift, NGOs are providing forums where warring communities meet and dialogue to cease intercommunal fights, banditry and cattle rustling. They render humanitarian assistance through food relief, clothing, water and shelter, which are normally the underlying causes of the conflicts. They champion for scarce resource management, restocking of livestock after rustling and education to shun histo cultural practices. In the coastal region, NGOs are proponents of raising awareness against violent extremism, radicalization and terrorism as well as the absorption of reformed returnees to the society.
Enforcement of the PBO Act heralds a fundamental shift in the legal, regulatory and institutional framework governing the regulation of PBO’s. A majority of the existing NGOs work far below supposition. They operate as briefcases with no standard structures and rarely comply with existing laws. Many have a track record of minting millions of money from donors with the guise of offering humanitarian services. Majority evade tax remittance, submission of annual returns and reports to the regulator. A sizable number have been associated with money laundering and funding of terror groups and political related activities for self beneficial stakes .
The Public Benefits Organization Act of 2013 seeks to address the missing links and vices in the management of PBO’s and should be embraced and enforced to the latter. The Act aims at expanding the space for government and non-governmental organizations partnership and collaboration. It provides for a comprehensive, consolidated, predictable, transparent and accountable framework for the registration and regulation of civil society entities operating within the territory of Kenya. The Act expedites the registration process, reduces chances of abnormal administrative discretion in the registration of PBOs, closes all windows for irregularities and offers a litany of tax.
The law creates a system of incentives in support of organizations conducting public benefit activities and creates a Public Benefits Organization Regulatory Authority tasked to register and de-register PBOs, offer advice to the Government on their activities and role in national development as well as maintain the register and ensure compliance with statutory obligations.
Unlike before the law now envisages the establishment of a National Federation of Public Benefits Organizations to serve as an umbrella entity for registered PBOs and recognized self-regulating forums. It has further established a PBO Disputes Tribunal to address disputes and grievances. This offers an alternative mechanism for redress outside the standard judicial process.
Dennis Wendo
Integrated Development Network – Public Benefits Organization(PBO)
Email: idnkenya@gmail.com
: info@idnkenya.org
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