Joint Communiqué on the Urgent Need to Accelerate the full Implementation of the Public Benefit Organizations (PBO) Act in Kenya
We, the undersigned Civil Society Organizations, convened in Nairobi from 7th to 8th May 2025, for a PBO Act Implementation Stakeholders meeting with the aim of reigniting dialogue on understanding the PBO Act and its implications; to identify key stakeholders involved in its implementation; define leadership roles to drive coordinated action and develop a practical roadmap for the implementation of the Act.
We express our profound concern over the prolonged delay in the implementation of the Public Benefit Organizations (PBO) Act, 2013. This delay undermines the enabling environment for civil society in Kenya, hinders the full realization of the constitutional rights to freedom of association and participation, and obstructs the capacity of Public Benefit Organizations to contribute meaningfully to sustainable development and effective governance.
We acknowledge the organizations enlisted in the annex, despite not having attended the in-person meeting, who have reviewed and endorsed this communiqué.
Recognizing that the PBO Act, enacted in 2013, was intended to enhance transparency, accountability, and collaboration between the state and civil society;
Appreciating that His Excellency the President of the Republic of Kenya, Hon. Dr. William Samoei Ruto, demonstrated high level political good will by Operationalizing the PBO Act during the 2024 UN Civil Society Conference held in Nairobi in support of the Summit of the Future, which came into force on 14th May 2024 following the publication of Legal Notice No. 78 of 2024 by the Cabinet Secretary for Interior and National Administration;
Acknowledging that the PBO Act recognizes the critical role that PBOs play in advancing human rights, transformative development and strengthening democracy, transparency and accountability, and the need to strengthen self-regulation while promoting public participation;
Concerned that on the 14th of May 2025, the country will commemorate its one-year anniversary since the PBO Act came into force, the Act is yet to be implemented; noting that there is urgent need to fast track the harmonization of the draft regulations and the establishment of the self-regulating platforms for CSOs;