FOR IMMEDIATE PRESS RELEASE

NAIROBI, Kenya, July 22nd 2024 – The PBOs Regulatory Authority Must Act within the Law

Civic Freedoms Forum (CFF) through its members are concerned with the statement released by PBORA. While the PBORA has the authority to institute investigations against any PBO, PBO Act provides that it should act independently and without direction from any agency. Seeing PBORA act on state allegations and direct attack on civil society and based on smear campaign by the Executive is a worrying trend.
We are also shocked at the illegal directive that all organizations engaging in public must either seek PBO status or register with the Authority. We want to emphasize that the PBO Act does not make it compulsory for those charities registered in other regimes to seek PBO status or register under the Act – it is purely voluntary.
It is also surprising how the current Board of the Authority has continued to be in office while paragraph 1 of Third Schedule provides that the Cabinet Secretary ought to have declared the seats vacant and call for applications. This means that the Board continue to be in office illegally and therefore their actions void and null.
The call by the Authority against unregistered CSOs is not only unconstitutional but also based on ignorance. The Freedom of Association provided under Article 36 of the Constitution and international laws which Kenya is a signatory envisions both registered and unregistered entities. The Authority cannot purport to suspend parts of the Constitution to please the Executive.
We would also want to remind the Authority that they may not purport to be implementing the PBO Act without Regulations to guide those actions and interventions.

We call upon the Authority to:

1. Host the PBO Act and PBORA under ministry responsible for planning and national development as prescribed by the Act
2. Publish the draft regulations for public engagement
3. Establish the PBOs Dispute Tribunal to ensure that all excesses of the Authority can be reviewed
4. Halt illegal and partial implementation of the PBO Act
5. Establish the Joint Committee of 15 members as provided by the PBO Act to allow for oversight towards implementation of the principles of collaborative partnerships.

Signed by
1 ARTICLE 19 Eastern Africa
2 Constitution and Reform Education Consortium – CRECO
3 Defenders Coalition
4 Independent Medico-Legal Unit – IMLU
5 InformAction TV
6 Initiative for Inclusive Empowerment – IIE
7 Kenya Human Rights Commission – KHRC
8 Muslims for Human Rights – MUHURI
9 Partnerships 4 Empowerment and Networking in Kenya (PEN
KENYA)
10 Inuka Kenya Ni Sisi!