The Public Benefit Organizations Act, 2013 (the Act) came into force on 14th May 2024 (the Appointed Date) pursuant to Legal Notice No. 78 of 2024 (the Legal Notice). This marked the culmination of a lengthy process that began with the Act receiving presidential assent on 14 January 2013. This historic gazettement of the commencement date was an important step forward and demonstrated the commitment of current regime and civic society to a future of an enabling environment and broadened democratic space in Kenya.
As the PBO Act was operationalized, the transitional provisions set out in the Fifth Schedule triggered several actions as part of operationalization process. Some of those process include: the Regulations need to be drafted, subjected to Public Participation, and adopted within the next 3-4 months; Sensitization on the Act and regulations must be conducted in all the 47 counties within the shortest period possible – this is expected to be preceded with development of simplified versions of the Act and other Information, Education and Communication (IEC) materials; Establishment of PBOs Disputes Tribunal; Establishment of the joint Committee, Voluntary Registration of new PBOs who would like to enjoy benefits under the PBO Act; Voluntary registration of Civil Society Organizations who are currently registered under other regimes but would like to enjoy benefits under the PBO Act.
PEN Kenya in partnership with CFF rolled out an awareness forum on the PBO Act in the counties of Makueni, Busia and Kisumu. Plans are underway to see the awareness meetings transcend beyond the 3 counties to all the 44 other counties in Kenya and will encompass both simplified version of the PBO Act and the yet to be developed PBO Rules and Regulations.
The forums are expected to culminate into plenary sessions where participants will later develop recommendations and plan of actions that will guide the collaboration among CSOs and between CSOs and government towards implementation of priority components of the PBO Act of 2013. These plans will include development of standards and constitutions that will guide formulations of County Specific Self-Regulations Forum.
The Self-Regulations Forums once constituted will then seek for recognition with Public Benefit Organization Regulatory Authority (PBORA), may also opt to apply for membership with the yet to be constituted National Federation of PBOs.
