- The defunct NGO Act put the civil society through a chaotic mechanism, as it had almost eight pieces of legislation governing their operations
- The new law makes the registration and regulation of non-government organisations seamless, predictable, above board and not open to political manipulations
Image: FILE
It took pressure to force President William Ruto’s hands in rolling out a 2013 NGO law, the Star has established.
The Public Benefit Organisations Act 2013 was enacted in the last days of the late President Mwai Kibaki administration, just a month to the hotly contested election that heralded Uhuru Kenyatta and his team to power.
However, it did not take effect as the retired President’s administration ignored pleas to have it brought about.
President Ruto, in keeping with his pre-election campaign promises, ordered its effecting.
He made the announcement on May 10 during a UN global civil societies conference in Nairobi.
Kenya has upwards of 50,000 NGOs, foundations, trusts, occupation-based associations, and organisations working at national, county and community levels.
Civil society players that the Star spoke to were ecstatic about the rolling out of the law, explaining that Ruto’s decision did not come without strenuous campaigning by the human rights groups both locally and at the international platforms.
The PBO Act repealed the NGO coordination Act that was enacted in the single party state era and was engineered to stifle agitation and speech that seemed hostile to the government of the day.
Ruto, in passing the new law, said the defunct NGO Act put the civil society through a chaotic mechanism, as it had almost eight pieces of legislation governing their operations.
"Most importantly, we have made it now possible for Public Benefit Organisations from out of Kenya not to be taken through unnecessary rigorous explanations before they start operations in the country," he said.
Suba Churchill, a human rights campaigner explained that the new law makes the registration and regulation of non-government organisations seamless, predictable, above board and not open to political manipulations.
The law provides specific timelines for decision when an organisation seeks registration as a public benefit entity and when such an application is declined, an explanation must be given in writing.
Lobbies are now required to form a federation whose head must be appointed in a credible manner, rather than the previous legal regime when a political appointee with dubious credentials can be installed to keep the groups in check.
Other provisions include automatic transition of all CSOs registered under the repealed law, transition of the NGOs Coordination Board to the PBO Regulatory Authority, and transition of the NGO Council to Federation of PBOs.
It also establishes PBOs Disputes Tribunal to hear disagreements among PBOs and between the organisations and the government.
Churchill said it took ten years of the Jubilee administration to have the law rolled out, adding that the former administration was not pleased with the entities.
“There was open animus towards NGOs because there was clear grievance that we compiled evidence that took people to the Hague. You remember we had to literally stand at the gates of AfriCog to stop KRA agents and police from raiding it on some spurious grounds of tax evasion,” he said.
Churchill claims powerful officials argued that the legislation was too liberal.
“The bureaucracy would openly tell us that they will not roll out the law anytime soon because it was too liberal and denied government the handles that it could use to keep the NGOs in check.”
Kamau Ngugi, the executive director of Defenders Coalition, said besides local pressure on government officials to have the legislation implemented, the lobbies also strategically used every international platform to highlight the refusal.
For example, at the UN’s Universal Peer Reviews held every four years, he said, the lobbies pointed out the government’s failure to operationalise the law. The UN would force the government to commit.
“We have consistently highlighted refusal to implement the PBO Act and the state would be required to respond. This constant embarrassment every four years when the review happens visited enough embarrassment to them,” he said.
Ngugi said no platform was spared. They would use all avenues available to voice the issue, which painted the government in bad light.
“From the UN UPR cycles to the AU’s human and people’s rights council, we always put government on defence on this matter and given that the Kenya Kwanza administration is seeking graces with international community, they had no choice,” the executive director said.
In view of Ruto’s upcoming state visit to the United States, insiders say, the President is keen on sprucing up his image as a liberal thinker who is more aligned with American values.
“We are keen to cut off the past image of anti-NGO stance by the President. Given the upcoming trip, it is significant to appear more friendly to these public benefit entities,” a key advisor close to the head of state said.