In a groundbreaking development for Kenya’s civil society, the government has launched a nationwide public participation drive on the long-delayed Draft Public Benefit Organizations (PBO) Regulations – offering stakeholders a rare chance to shape the laws that govern their existence.

The formal unveiling took place in Nairobi, officiated by Dr. Raymond Omollo, Principal Secretary at the Ministry of Internal Security and National Administration. The Ministry, through the newly established Public Benefit Organizations Regulatory Authority (PBORA), announced that consultations will be held in 12 regions from June 19 to July 25, 2025.

This move breathes life into the PBO Act, 2013, which came into force on May 14, 2024, after a staggering delay of over 11 years. Civil society organizations (CSOs) fought long and hard through court battles, public advocacy, and negotiations to see the law implemented. The Act promises a new era of transparency, accountability, and protection for CSOs. It outlines fair procedures for registration, mechanisms for asset safeguarding, and a tribunal under the Judiciary to resolve disputes.

During the launch, PS Omollo reaffirmed the vital role of Public Benefit Organizations in national development, from delivering essential services to creating jobs and mobilizing resources. He called for active engagement from all stakeholders to ensure the regulations are responsive and inclusive.

In a swift response, the Civic Freedoms Forum (CFF) mobilized top CSOs to conduct a thorough analysis of the draft regulations. The group is developing a joint memorandum to ensure that the final framework aligns with international best practices and genuinely protects civic space in Kenya. Members of the CSOs can access the draft memorandum in this link for comments as well as to guide them as they prepare to engage with PBORA during the regional public participation forums.

While the launch of the process has been widely welcomed, CSO leaders have warned that the draft still contains major gaps that must be addressed. They are urging all players – whether large organizations or individual activists – to take part in the process before it is too late.

NOTE:

Submissions and comments on the Draft PBO Regulations should be sent to: ppregulations@pbora.go.ke

Draft CFF memorandum: https://docs.google.com/document/d/1nIa2uyRUpY8Rq_prRrsAmPf9GckYLSBZ/edit?usp=sharing&ouid=115070243551963892434&rtpof=true&sd=true

Checklist on international principles on freedom of association: https://drive.google.com/file/d/1W5hjQXvbFqEA1eJQQvC9a4l__fRIs0hY/view?usp=sharing

Draft regulations: https://cff.or.ke/publication/the-public-benefits-organization-regulations-2025/

Public Participation schedule: https://cff.or.ke/publication/public-notice-invitation-to-submit-comments-on-the-draft-pbo-act-regulations-2025/