Kenya’s civil society has long been a beacon of progress in East Africa, despite facing numerous challenges. In 2024, the sector underwent a significant transformation with the implementation of the Public Benefit Organizations (PBO) Act, 2013, marking the end of a 13-year delay that had hindered regulatory advancements. 

This transition has introduced a more structured and predictable framework for both internal and external regulation. Key changes include the establishment of the Public Benefit Organizations Regulatory Authority (PBORA) to oversee compliance and the establishment of the National Federation of Public Benefit Organizations (NFPBO) and Forum to facilitate self-regulation. 

Historically, civil society organizations (CSOs) have played a pivotal role in Kenya’s economic, social, and political spheres. Notably, Non-governmental organizations (NGOs) were instrumental in the push for multi-party democracy in the 1980s and 1990s. They also contributed significantly to constitutional reforms—both in the unsuccessful 2005 referendum and the eventual promulgation of the 2010 Constitution—through civic education and advocacy. Additionally, civil society groups such as the Katiba Institute and the African Centre for Open Governance (AfriCOG) have been at the forefront of promoting electoral justice. 

Beyond governance, NGOs have been active in diverse sectors, including agriculture, trade, sports, healthcare, and efforts to eliminate harmful cultural practices. 

However, the sector’s transition has not been without setbacks. One of the immediate challenges was PBORA’s publication of their intent to deregister 2,802 Public Benefit Organizations deemed non-compliant via Kenya Gazette Vol. CXXVI—No. 211 . While this development did not dominate news headlines, it raises concerns about the sector’s stability and the fate of affected organizations, not to mention the lives that were better off because they previously existed.

Despite these initial hurdles, the PBO Act introduces robust regulatory measures that are expected to foster long-term growth. While organizations may face difficulties adapting to the new framework, the sector stands to benefit from a more transparent and supportive regulatory environment.

It is for this reason that Scribe Services would be willing to handle your compliance needs including Capacity building, advisory, registration and, handling petitions to PBORA and the Public Benefit Organizations Tribunal (PBOT)