Public Benefit Organizations Act 2013

Following the gazzetment of the Public Benefit Organizations Act 2013 (PBO Act 2013), on 14th January 2013, the NGOs Co-ordination Board and the Civil Society Organizations Reference Group would like to clarify the following matters to civil society organizations and the public at large: 

• The Act will only become operational after the Cabinet Secretary in charge of the civil society organizations docket issues a commencement date. 
• This Law in its current form embraces the spirit of the new Constitution of Kenya, 2010. 
• The PBO Act also seeks to provide an enabling environment for the establishment and operation of civil society organizations in Kenya 
• The development of this Law was preceded by extensive research and widespread consultations with civil society organizations and practitioners across the country. 
• Contrary to various articles in some sections of the media, it should be noted that this legislation does not require existing CSOs earlier registered under the NGOs Act of 1990 to re-register. 
• New registration will only be required for Public Benefit Organizations (PBOs) that choose to operate under the PBO Act and were not previously catered to under the NGO Co-ordination Act of 1990. 
• A transition period is provided for by this Act. This allows the formulation and gazzetment of rules and regulations, which will assist in interpreting the law for effective implementation. 
• Members of Civil Society and other stakeholders interested in this Law are encouraged to contribute to this process rather than passing judgment on the same, prematurely. 

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