Since independence, there has never been a regulatory framework for the Community-Based Organizations and other Community Groups such as self-help groups in Kenya. Community Groups remained a creation of the Executive Arm of Government under the Department of Gender and Social Services. This limits the potential of community groups in several ways: opportunity for capacity building and self-regulation, fundraising and active participation in governance processes. To resolve this challenge, the National Assembly and the Senate, in 2021, introduced a new bill (Community Groups Registration Bill) to regulate registration and management of CBOs and other community groups. This Bill was finally signed into laws on July 12, 2022, and commenced fourteen days later.
During a pilot awareness creation by PEN and CFF through support from Diakonia Kenya Office, it emerged that less than 10% of community groups and less than 5% of the county directorate of social services were aware of the existence of the Bill. This poses a threat to the implementation of the Act as its transitional clause requires that community group to, within a period of one year after the commencement of the Act, put in place “measures necessary” to ensure compliance with the provisions of this Act.
The “measures necessary” are not defined thus exposing the community groups, who did not comply in July 2023, to a serious threat of deregistration. Effective public participation, as envisaged in the Constitution demands that there is adequate access to information. For the community groups to position themselves for full implementation, there will be an urgent need for awareness creation.
The State Department of Social Protection and Senior Citizens Affairs have been racing against time to ensure that: All 500 Social Development Officers are sensitized on the new law; All community groups are sensitized on the new law; Regulations to implement the Community Group Registration Act (which include community mobilization, Procedures for registration of community groups, dispute resolution procedures, resource mobilization, establishment of Social Development Committees, procedures for reinstatement of a community group, special interest groups, social impact assessment and audit processes) are developed; Strategy on establishment of Social Development Committees is developed; and 370 Social Development Committees are established at the Sub County levels. This law and its potential regulations and other institutional frameworks are expected to enable the operative environment for Community Groups in Kenya. However, if stakeholders are not engaged in the process of developing these frameworks, then there is likelihood of repressive operative environment.
In the year 2023, Partnerships for Empowerment and Networking in Kenya (PEN KENYA) in Collaboration with Civic Freedoms Forum (CFF) organized meetings across the country to raise awareness about the Community Groups Registration Act No. 30 of 2022 in the counties of Mombasa, Kisumu, Busia, Kakamega, Makueni, Siaya, Migori, Nyeri and Garissa. The forums informed Community Groups, County Officers, and Civil Society Organizations (CSOs) on the Act’s implementation and encouraged active involvement in the drafting of regulations. The meeting was attended by over 30 participants from Mombasa County.
The forums culminated with a plenary session where participants made recommendations such as requests to translate the Act into Swahili, sign language and Braille, the CSOs in the County expressed interest in contributing to the regulation drafting process, Allocation of more resources for awareness initiatives and collaborate with senior officials to refine regulations.
The meetings were crucial step towards effective implementation of the Act, promoting greater understanding and collaboration among stakeholders.
It is however unfortunate that to date, the Community Groups Registration Act No.30 of 2022 was implemented by the Ministry of Labor and Social Protection without public consultations and rules and regulations developed. Moreover, new forms were developed and new fees charges without public consultations. Several community groups including Mathare Social Justice Centre, Makadara Social Justice and Information Centre, Mothers of Victims and Survivor’s Network, Viwandani Community Health Promoters, Transform Kayole Social Justice Center, Muhajarun Self-Help Group, City Landers Self-Help Group, MCA Self-Help Group, and Dago Beauty Self-Help Group have experience punitive administrative actions from the sub-county social development officers. As a result, Katiba Institute and Mathare Social Justice Centres among others lodged a petition in court to bar implementation of the Act. This petition is awaiting hearing in November 2024.
