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  2. Public Benefit Organizations Act
  3. PBO Summary

PBO Summary

Introduction

The Public Benefits Organizations (PBO) Act, 2013 is a legal framework enacted to regulate and promote the work of non-governmental and civil society organizations in Kenya. It replaces the earlier NGO Coordination Act of 1990, aiming to create a more enabling environment for organizations that operate for the public good.

Purpose of the PBO Act

The purpose of the Act is to:

  • Provide a clear and transparent framework for the registration and regulation of public benefit organizations.
  • Promote accountability and good governance within the sector.
  • Protect the autonomy and independence of civil society organizations.
  • Encourage partnerships between the state and civil society.

Key Milestones in the Journey of the PBO Act in Kenya

  • 1990 – Enactment of the NGO Coordination Act: The Non-Governmental Organizations (NGO) Coordination Act was enacted, establishing the NGO Coordination Board and centralizing the regulation of civil society organizations. However, this law was widely criticized for being restrictive and outdated.

  • 2009–2012 – Drafting of the PBO Act: A nationwide consultative process involving government agencies, civil society organizations, and international partners began to develop a more enabling and transparent legal framework for NGOs. This led to the drafting of the Public Benefits Organizations (PBO) Bill.

  • January 2013 – PBO Act Signed into Law: The PBO Act was passed by Parliament and signed into law by His Excellency President Mwai Kibaki. The new law aimed to promote accountability, self-regulation, and transparency while providing a more facilitative environment for civil society organizations. Despite being enacted, the Act remained unimplemented.

  • October 2016 - High Court Ruling on Implementation of the Act: The High Court of Kenya through Petition No. 226 of 2015 consolidated with Petition No. 428 of 2015 directed that the law be implemented without further delay.

  • May 2024 - Operationalisation of the Act: On 14th May 2024, the PBO Act officially came into effect following the publication of Legal Notice No. 78 of 2024 by the Cabinet Secretary for Interior and National Administration. This announcement was made by His Excellency President Dr. William Samoei Ruto during the 2024 UN Civil Society Conference in Nairobi, held in support of the Summit of the Future.