The Mt. Kenya Network Forum (MKNF) recently participated in the Validation of the Draft Public Benefit Organizations (PBO) Regulations, a pivotal gathering that is shaping the future of civic engagement and public benefit governance in Kenya. The meeting brought together civil society organizations, legal experts, and policy stakeholders to review the draft framework that will operationalize the Public Benefit Organizations Act.
Challenging Restrictive Provisions
During the session, Mt. Kenya Network Forum firmly voiced concerns about provisions within the draft regulations that, if enacted without revision, could undermine the independence, participation, and accountability of grassroots and community-based organizations. The Forum’s submission emphasized that while regulation is necessary for transparency and integrity, it should not “become a barrier to community-led development or a tool for administrative control over legitimate public benefit actors.”
One of the Forum’s most significant issues raised was the ambiguity around registration and renewal procedures, which risk creating bureaucratic bottlenecks. As stated in the submission, “The requirement for re-registration of existing organizations under the new regime introduces unnecessary uncertainty and administrative duplication that could cripple smaller community organizations that lack the resources for such transitions.”
Defending the Autonomy of Civil Society
The Mt. Kenya Network Forum highlighted that Kenya’s civil society’s strength lies in its diversity — from national NGOs to local community movements. Any regulatory framework must therefore protect organizational autonomy rather than centralize control. The submission explicitly warned that “the Draft Regulations as currently worded could enable overreach by the Registrar and Cabinet Secretary, contrary to the spirit of self-regulation envisaged by the PBO Act.”
In its advocacy, the Forum called for the government to respect constitutional freedoms of association, expression, and participation, noting that a vibrant civil society is not a threat to governance but an ally in promoting accountability and service delivery.
Advancing Transparency Without Punitive Oversight
While supporting the principle of transparency, Mt. Kenya Network Forum urged the drafters to strike a balance between oversight and operational freedom. The Forum recommended that compliance mechanisms be designed to “strengthen accountability through collaborative monitoring rather than punitive reporting demands.”
This position reflects MKNF’s long-standing commitment to ensuring that laws affecting civic space promote sustainability, inclusion, and trust rather than fear and restriction.
A Call for Inclusive Regulation
Mt. Kenya Network Forum reaffirmed that meaningful regulation must emerge from genuine consultation and respect for stakeholder diversity. The Forum reiterated that it remains ready to collaborate with government and peer organizations in refining the PBO Regulations to ensure they reflect Kenya’s democratic aspirations and the realities of community organizations on the ground.
As the validation process moves toward finalization, MKNeF stands by its belief that an enabling environment for Public Benefit Organizations is essential to unlocking community potential and achieving sustainable development.
Mt. Kenya Network Forum continues to champion a transparent, fair, and inclusive policy framework that empowers communities and strengthens Kenya’s civil society ecosystem.