The problem
Since independence, there had never been a regulatory framework for the community-based organizations and other community groups such as self-help groups in Kenya. In fact, community groups have 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 ten per cent of community groups and less than five percent 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 shall, 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 will not have complied by July 2023, to a serious threat of deregistration.
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.
Project Intervention
The project is anchored on ongoing advocacy processes which CFF has been coordinating through the State Department of Social Protection and Senior Citizens Affairs. The purpose of this bilateral initiative is to build synergy and consolidate efforts among key stakeholders towards implementation of the CGR Act. This project will therefore expand the sensitization to at least three more counties. Additionally, the project is funded by ICNL and will also provide an opportunity for both national and county CSOs to take active role in the development of the regulations and related guidelines.
Objectives
To contribute to safe and enabling operating environment for community groups by strengthening the regulatory framework for effective engagement in social development.
Outcomes:
- To advocate for responsive regulations and guidelines that enhance the operative environment for community groups.
- To increase awareness of the law among community groups and state officers at county level
