KCDF participates in the PBO Act Post-Enactment Strategy Meeting

Following the enactment of the Public Benefits Organizations (PBO) Act effective 14th May 2024, a strategy meeting organized by the Civic Freedoms Forum, a strategic partner of KCDF, was held in Nairobi, Kenya to equip civil societies with preparedness and awareness of what lies ahead.

The PBO Act aims to establish the administrative and regulatory frameworks for public benefit organizations in Kenya. PBOs are groups of individuals that are non-partisan, non-profit, and autonomous to engage in public benefit activities. PBOs are set to operate locally, nationally, or internationally and must be registered by the Public Benefit organization’s Regulatory Authority.

The enactment of this Act will also see the Transition of the Non-Governmental Organizations Coordination Act being replaced by the PBO Act. This means that the NGOs registered under the NGO Coordination Act will now be deemed registered as PBOs under the new Act. NGOs now have up to one year to seek registration as PBOs, while previously exempted NGOs will have up to three months to apply for registration.

With the above understanding, the civil societies that convened at the meeting had a risk analysis, to highlight the potential risks that may arise or be posed to the sector players. These included:

• Risk of losing benefits when transitioning from NGOs to PBOs.
• Risk of misinterpretation of the sections listed in the Act, thereby limiting the overall comprehension of the Act and the number of organizations that may want to join.
• Translation mismatch from the 2013 PBO Act to the new version as translated by the government.
• Risk of over-taxation owing to the lens at which the current government sees through.
• Clashes among CSOs due to misunderstandings of the clauses.
• Risks of weakening the leadership through the new federation.
• Conflict of Interest with the current NGO Council governance transforming into the PBO authority.
• Focus on financial- economic benefit may result in punitive laws.
• Asset transfers.
• Descending voices in the management of the law and establishment of the board.
• Fragmentation of the sector.
• CSO capacity on compliance.
• Risks of deregistration of CSOs.
• The ministry under the law (Interior Ministry) visa vee Ministry of Planning/ Devolution to control the sector.

This event set the pace in preparing civil societies for what is expected of them and the adaptation process of this new act. As CSOs embark on this journey, they are poised to harness the full potential of the PBO Act, utilizing this new chapter to drive positive change and impact within their respective communities while upholding the principles of justice and equity mandated by the legislation.

Read a summary of the PBO Act HERE.