Nairobi: During a stakeholder forum in Nairobi, the Public Benefit Organisations Regulatory Authority (PBORA) called for the speedy adoption of the Draft PBO Regulations, 2025. The forum, part of a nationwide public participation exercise, seeks views on the legal framework to operationalise the long-delayed Public Benefit Organisations Act passed by Parliament in 2013.
According to Kenya News Agency, the highly attended session brought together representatives from civil society organisations, student leaders, legal experts, and county officials, all of whom reiterated the need for inclusive, effective, and accountable regulation of the sector. PBORA Chairman Moses Mwambu Mabongah emphasised the historical significance of the draft regulations, describing them as a long-overdue opportunity for the sector to govern itself transparently and responsibly.
‘We are not a faceless sector; we are touching lives. This is the season to build a foundation for a sector that will thrive beyond our regional and continental borders,’ asserted Mabongah, urging stakeholders to take ownership of the process. The Chairman reminded participants that the PBO Act was passed during the tenure of the 10th Parliament under President Mwai Kibaki, but its implementation had been stalled for over a decade.
‘Why has a progressive law like this one been shelved for so long?’ he posed, challenging participants to take advantage of the current political goodwill. Further, Mabongah reassured the audience that the process is stakeholder-driven and not designed to suppress civic space.
‘Any sector that refuses regulation raises a red flag. These laws are not for control but for protection. We submit it to you with humility and invite your feedback,’ voiced Mabongah. In retrospect, President William Ruto, during his campaign, pledged to operationalise the PBO Act if elected, a promise fulfilled last year when the Ministry of Interior and National Administration gazetted the Act following a directive issued during the UN civil societies forum in Nairobi.
In view of the foregoing, PBORA Director General (DG) Dr. Laxmana Kiptoo outlined the journey leading to the current draft regulations, noting the efforts made to harmonise conflicting versions previously developed by government and civil society. ‘In 2014, two sets of regulations were developed, one by civil society and one by the government,’ Kiptoo narrated.
‘This year, with the support of government advocates, we harmonised the drafts and unveiled them in June at the Kenya Institute of Curriculum Development (KICD),’ he said. Meanwhile, the harmonised draft is now undergoing nationwide public participation in line with Article 10 of the Constitution.
Nairobi’s session marks the eleventh out of twelve forums organised across counties, including Kisumu, Mombasa, Meru, and Kakamega. The proposed PBO regulations, 2025, provide detailed guidelines for the registration, operation, and oversight of both national and international Public Benefit Organisations, including clauses on the reservation of names, eligibility for status bestowment, annual reporting, economic activity, and dissolution protocols.
According to the legal notice, the regulations aim to enhance transparency, eliminate regulatory overlap, and promote public trust in the sector. Likewise, Dr. Kiptoo highlighted the importance of structured regulation, citing previous instances where a lack of legal clarity had led to operational friction between civil society and government agencies.
‘In the past, NGOs operated under the 1990 NGO Coordination Act, which no longer aligns with constitutional values. These regulations offer a modern framework for accountability and oversight,’ explained the DG. He further emphasised that the new regulations would empower PBOs to carry out their functions with legal certainty, particularly through the establishment of a tribunal to address internal sector disputes, a milestone hailed by several stakeholders.
The forum also addressed concerns raised during past sessions, particularly about political interference and regulatory overreach. Participants from Community-Based Organisations (CBOs) also expressed frustration over government encroachment on local initiatives, especially those that were initially aligned with government policies.
‘We began under the community policy to assist the government. But now we are sidelined and undermined,’ said Emmanuel Mohamed from the Certified Public Secretaries Society of Kenya (CPS). Concerns were further raised regarding the mandatory adoption of a unified constitution during registration, especially by organisations with diverse thematic areas, as some called for flexibility that allows each NGO to craft its own guiding document based on its scope.
At the same time, International NGOs present also urged better engagement frameworks to ease integration and operational understanding, citing difficulties foreign partners face while aligning with local processes. As a result, stakeholders were encouraged to submit memoranda and written views through PBORA’s website and the Ministry of Interior’s online platforms and the input will inform revisions ahead of a validation workshop scheduled later this month.
PBORA has also organised special forums for marginalized groups, including persons with disabilities and international NGOs operating from Kenya, to ensure their views are captured comprehensively. Despite the enthusiasm, speakers cautioned against personal interests and political distractions that could derail the process.
Once public participation is completed, the final draft of the regulations will be presented to Parliament through the Ministry of Interior. If adopted, the regulations will formally replace the outdated NGO Act framework and give the PBO Act full effect over 12 years after it was first passed.
In addition, the forum also touched on issues of categorisation, with speakers calling for clearer distinctions between international, exempt international, and local NGOs, including faith-based organisations such as churches and mosques. Government representatives acknowledged the submissions and assured the participants that the concerns would inform ongoing legal and policy reforms.