CIVIL SOCIETY STRATEGY MEETING ON

PBO ACT, 2013

JACARANDA OUTCOME DOCUMENT

Courtesy: Strategy Meeting held at Jacaranda Hotel, Nairobi

15th May 2024

OPENING AND SCENE SETTING
John Owegi, Executive Director, Civic Freedoms Forum (CFF)
“Things are unfolding very fast – The NGOs Coordination Board has already changed its name
on Twitter (X) to PBOs Regulatory Authority while the Cheboi-led NGO Council had also put
out a welcoming message on X assuming the role of the PBO Federation. Today, therefore, we
are here to ensure we are not left behind. We must critically think of the risks and agree on the
road as civil society organizations.”

Chris Mbiti, Executive Director, PEN Kenya

“This process began way back in 2009 led by the then PEN Kenya Executive Director Dr. John
Batten. After the adoption of the Sessional Paper No. 1 of 2006 on NGOs, the Civil Society
Organizations Reference Group [CSO-RG] which later came to be known as Civil Society
Reference Group [CSRG] was formed to lead the movement towards enactment of the Bill and
later commencement campaign.”
“The journey received immense support during the initial stages from several development
partners such as PACT, Trocaire, Diakonia-Kenya Country Office, Oxfam and from members
who contributed in-kind for meeting spaces and refreshments. During the commencement
campaign, funding support was received from partners such as UNDP Amkeni waKenya,
Diakonia-Kenya Country Office, Kenya Community Development Foundation (KCDF) among
others. In addition, we also received support from other technical experts such as Faith Kisinga,
Stephanie Muchai, and Lily Mburu particularly towards legal analysis and drafting.”

Peter Kiama, Former Chairperson, CFF

“In 2010, the sector walked to secure our space through the Constitution and later the PBO Act
in 2013. However, for us to succeed in the implementation campaign, we MUST embrace these
two strategies. First, we must create the FACE – a team of 3-5 people – to spearhead the
implementation campaign. Secondly, in the next 10 to 15 days we need to have a meeting with
the CS Interior and National Coordination and PBOs Regulatory Authority to allow the
sector to take control of the campaign.”
“We must acknowledge that this battle is about CSOs’ Self-Regulation and if the sector loses
the battle, then it is finished for us all. Finally, if we must go forward, we must state who our
allies are and vice versa and plan without procrastinating.”

Davis Malombe, Chairperson CFF and Executive Director, KHRC

“We must begin by acknowledging that barely two months after this law was enacted, a new
regime [Jubilee Government], a government that was not supportive to the sector took over. It
is the Constitution which gave us the strength to continue the fight. Now we must take
advantage of the benefits for registration in Schedule 2 of PBO Act.”
“During this transition period, we must also pay attention to some gaps that exist in this law.
For instance, re-registration of PBOs under Schedule 5, transition of the NGO Council to the
Federation of PBOs especially with the wrangles and illegitimacy, and gaps on deregistration
of PBOs under Schedule 7.”
 “There is an urgent need for a PBO Summit in the next one month to consolidate our agenda
and build consensus with other actors. As we do this, we must also pay attention to the need for
countrywide awareness creation on the PBO Act.”

Zainab Ali, UNDP Amkeni Wakenya

“As we begin the journey towards implementation, we must know that one of the core goals of
this law is the call for CSOs to regulate themselves and therefore CSO leaders need to tap this
opportunity while embracing the national values and principles including transparency and
accountability among others.”
“UNDP Amkeni Wakenya has been part of this journey and will continue walking with the
CSOs to ensure successful implementation of this law.”
Hellen Kuria, KCDF
“First, we must appreciate everyone that contributed to the milestone that we are celebrating
today. We also know that many leaders dropped along the way because the process was
cumbersome and not a bed of roses. What we must do now is to identify opportunities presented
by this law to establish strong institutions that will survive and thrive.”
“While we are aware that PBO Act commencement is the hottest agenda in town, the CSO
leaders must answer the question How do we move forward collectively and working together
to achieve more?”

ANALYSING THE RISKS AND OPPORTUNITIES

Table 1: Analysis Risks related to implementation of PBO Act
Category Description P L Mitigation

Potential minefields in the PBOs through the Joint Committee

regulations to the Act – the state
may take the opportunity to
increase charges as well as
introduce restrictive clauses
The fear of losing benefits already
guaranteed in other regimes may L
pose a challenge for CSOs to cross
over.
M H will continue with dialogue and
consultations with the PBOs
Regulatory Authority and the
Ministry in charge to ensure
consensus building
Continues sensitization of the
M benefits guaranteed under the PBO
Act which outweigh the other
regimes.

Legal While the PBO Act provides that it

is anchored under the Cabinet M M PBOs to continue dialogue with the
Secretary responsible for planning State agencies and PBOs Regulatory
and national development, in Authority through the Joint
practice, it is held under the Committee to resolve the issue
Ministry of Interior National
 Administration. This may pose
legal challenges
Potential amendments by the H
Government may change the core
objective of the Act.
Contradicting clauses within the
law; Suspect clauses introduced to M
the PBO Act post legislative process
could pose a challenge on
implementation.
The expiry of the term of the current
Executive Director of the PBOs L
Regulatory Authority may pose a
legal change in the transition.
Potential transition of the NGO H
Council to Federation of PBOs;
different factions could claim
legitimacy
Economic Shrinking funding spaces for the M
PBOs may affect implementation of
the Act
Potential revised high application H
fees for applications, penalties,
returns, changing/renewing Boards
etc.
Compliance requirements
Donors friendly to the government
may compel PBOs to comply with L
government’s political policy
agenda i.e. BETA
Resource challenges for the PBO M
Authority and Tribunals
NGOs Coordination Board and the
NGOs Council transitioning with M
debts may expose the sector to be
overtaxed to repay the debts
Potential political interest and
dissenting voices in the H
establishment of Board of the PBOs
Political Regulatory Authority
H The PBOs through the Joint
Committee will continue dialogue to
ensure inclusion and consensus
building during the transition period
PBOs will hold consultative forums
L with the Attorney General and other
legal experts to ensure the issues are
resolved.
M PBOs will lobby and advocate for
either an extension of the term of the
current CEO or a replacement with
one that is progressive.
H PBOs will collect intelligence and
negotiate with the factions to ensure
seamless transition
H PBOs will continue to fundraise
separately and jointly through donor
roundtables and other approaches to
ensure flow of funding
H Continued dialogue between the
PBOs and the state agencies to
ensure public participation in the
revision of charges, fees, and
penalties.
PBOs will ensure funding
M diversification;
H PBOs through the Joint Committee
will advocate for compliance with
funding as means of ensuring
enabling environment, supporting
alternative funding
Support in fundraising to support the
M Authority and the Federations to
bridge the funding gaps
Continued dialogue between the
H PBOs and the state agencies to
ensure public participation
 Political interest in PBO H
Regulations and lack of sector
consensus
Capacity for compliance &
accountability
Internal divisions among the PBOs M
Lack of inclusivity in the transition M
process may cause schism and
derailment of process
Potential anti-PBO Act who may L
sabotage the transition process
The new CEO of the Authority,
Chairperson of the Board to the M
Authority and the Chairperson of the
Federation may be pro-government
and anti-PBOs
H Continued dialogue between the
PBOs and the state agencies to
ensure public participation
M Shuttle diplomacy will be
championed by PBOs to ensure
consensus
H Continued dialogue between the
PBOs and the state agencies to
ensure public participation
M Intelligence gathering and counter-
narrative development and campaign
Continued dialogue between the
H PBOs and the state agencies to
ensure public participation

Re-registration might be used to L H Dialogue; court action

eliminate certain organisations
Potential political conflict as the
PBO Act is domiciled in the ministry L M Continued dialogue between the
responsible for planning and PBOs and the state agencies to
national development yet in practice ensure transfer of hosting to the right
it is domiciled at Ministry of Interior ministry.
and National Administration.

Table2: Way Forward - Walking the Path: What are the critical Immediate, Medium, and Long-
term Actions?

# Action
1. Joint Civil Society Strategy
Strategy (smaller team)
PBO Pre-Summit Civil Society Conference (wider team)
PBO Summit
2. Shuttle Diplomacy
Meeting with Development partners
Meeting with the PBOs Regulatory Authority
Meeting with the Cabinet Secretary and/or PS
3. Verification of the Law
Legal analysis of the Act
4. Sensitization and Public Education
Development of IEC Materials
Online sensitization (X-spaces, webinars etc)
County and Regional Sensitization Forums
5. Joint Coordination and Collaboration in Implementation
Drafting of the Terms of reference for the Joint Committee for implementation
Consensus Building on CSO representatives to the Joint Committee
6. Media Strategy for the PBO Act Campaign
Developing media strategy
Develop political narratives
7. Development of the Rules and Regulations
Consultative meetings with PBO Regulatory Authority
Production of IEC materials
50 Sensitization forums
Annex 1 - Link to the photos
https://drive.google.com/drive/folders/1BBBngvKwUJG_cSUuchAJ5IrOTUhb8CCd

Annex 2 – List of Participants

# NAME ORGANIZATION
1 Chris Mbiti PEN Kenya
2 Davis Malombe KHRC
3 Laura Osinde Katiba Institute
4 Joshua Changuony CRECO
5 Isabella Obara IMLU
6 Lily Mburu Legal Expert
7 Jared Ombonya PEN Kenya
8 Vincent Kimathi ICJ-Kenya
9 Boaz Waruku Elimu Bora
10 Mary Mutuku PEN Kenya
11 Wambua Kawive Inuka Kenya Kenya Ni Sisi!
12 James Ndolo Carewell Society
13 Winnie Ali KCA
14 John Owegi CFF
15 Ernest Cornel KHRC
16 Lucy Ayieko Defenders Coalition
17 Peter Kiama Haki Yetu
18 Sheila Masinde TI-Kenya
19 Faith Kisinga Legal Expert
20 Winnie Masai Inform Action
21 Regina Utita Opondo K.Design Initiative
22 Michelle Mwelesa CFF
23 Derrick Otieno CFF
24 Cheruiyot Bernard Inform Action
25 Elosy kirimi Defenders Coalition
26 Annet Nerima KHRC
27 Timothy Kimaiyo Inform Action