WHICH WAY FOR KENYAN CSO’S?

1. WHICH WAY FOR KENYAN CSO’S? THE SCENARIOS PROJECT

2. The process • SWOT Analysis • Strengths – broad spectrum • Weaknesses – weak systems; donor dependency • Opportunities – devolved structure • Threats – government control; global financial crisis; legitimacy. • Critical driving forces for Kenyan CSOs • Economy • Governance • Geopolitical shift • Social • Technology • Security • Environment • Civil Society

3. Critical drivers: Impact / uncertainty analysis • Constricting political space • Effectiveness and funding to CSOs • Militarized environment • Technological advancement • Less aid and more trade • Devolution • Middle class • ICC indictment

4. The future changes will result into: • Continued CSO leadership gap • High economic growth, poverty and inequality • Reform driven vs. careerized CSOs • Blurred CSO roles and identity • CSO legitimacy • CSO plolarization • Collaboration without co-option

5. The scenario stories • Extrapolated probabilities and not predictions • Operating environment of governance CSOs in Kenya by 2022. • Anticipated the different paths. • Parameters: • Jienjoy scenario – By 2022 Kenya is a democratic country with effective CSOs. • Jisort scenario – By 2022 Kenya is a democratic country with ineffective CSOs. • Jihurumie scenario – By 2022 Kenya is an authoritarian country with ineffective CSOs. • Jitolee scenario – By 2022 Kenya is an authoritarian country with effective CSOs.

6. PBO ACT 2013 PROPOSED AMENDMENTS– LIMITATION OF FUNDING TO CSOS • The effect • Government control • Infighting and co-option • Closure of CSOs • Collapsed democratic society • The reality • Unity is key • Proactive actions • Innovation • Commitment

7. PUBLIC BENEFIT ORGANISATION • A voluntary membership / non-membership grouping of individuals / organisations • Autonomous • Non partisan • Non-profit making • Operating locally, nationally or internationally • Engages in public benefit activities

8. PUBLIC BENEFIT ACTIVITY An activity that supports / promotes public benefit by enhancing or promoting the economic, environmental, social or cultural development or protecting the environment or lobbying or advocating on issues of general public interest or the interest or well-being of the general public or a category of individuals or organisations.

9. WHAT ARE NOT PUBLIC BENEFIT ORGANISATIONS • Trade unions • Public body established by or under a written law • Political parties • Religious organisations which are primarily devoted to religious teaching or worship • Societies • Co-operatives • Sacco societies • Micro-finance institutions • Community based organisation whose objective include the direct benefit of its members

10. OBJECTS AND PURPOSE OF THE ACT • Establishment of an administrative and regulatory framework within which PBOs can operate; • Enable public access to information concerning registered PBOs; • Promote the development of self regulation among PBOs • Facilitate a constructive and principled collaboration between PBOs, Govt, donors, business and other actors in order to advance public interest.

11. OBJECTS AND PURPOSE OF THE ACT II • Facilitate mechanisms for Govt collaboration with PBOs including funding of PBO activities and involvement of PBOs in the implementation of Govt projects. • Generally strengthen civil society.

12. PUBLIC BENEFIT ORGANISATIONS REGULATORY AUTHORITY • FUNCTIONS • Register and deregister PBOs; • Maintain a register of PBOs; • Interpret the national policy on PBOs; • Receive and review Annual Reports of PBOs; • Advise Govt on the activities of PBOs and their role in development within Kenya; • Facilitate PBO information sharing and networking;

13. PUBLIC BENEFIT ORGANISATIONS REGULATORY AUTHORITY II FUNCTIONS • Institute inquiries to determine if the activities of PBOs do not comply with the law; • Provide advice and training to PBOs. • Expected to be independent and not act under the direction or control of any person/ authority. COMPOSITION • Chair – appointed by the Cabinet Secretary; • 3 members who have rendered distinguished service to civil society - – appointed by the Cabinet Secretary;

14. PUBLIC BENEFIT ORGANISATIONS REGULATORY AUTHORITY II COMPOSITION 3. Principal secretary in the Ministry responsible for matters relating to PBOs; 4. Principal secretary in the Ministry responsible for matters relating to Finance; 5. Principal secretary in the Ministry responsible for matters relating to Foreign Affairs; 6. The Attorney General; 7. One public officer representing the Principal Secretary responsible for such departments as the Authority shall determine;

15. PUBLIC BENEFIT ORGANISATIONS REGULATORY AUTHORITY III COMPOSITION 8. The Chairperson of the governing board of the Federation; 4. Two members of the governing board of the federation, (one female and one male), nominated by the members of the governing board of the Federation and appointed by the Cabinet Secretary; and 5. The Director.

16. PUBLIC BENEFIT ORGANISATIONS REGULATORY AUTHORITY IV • Disqualifications to sit on the PBO Authority: • Having a subsisting office or membership in a PBO; • Member of the National Assembly; • Member of a local authority; • Member of the executive body of, or is actively involved in the affairs of a political party.

17. REGISTER OF PUBLIC BENEFIT ORGANISATIONS • The PBO Authority shall maintain a register of all registered PBOs: • Area of activities; • Detailed inventory of assets; • Registered officials; • Any other information deemed necessary. • Open to the public • Available through the internet.

18. REGISTRATION • Requirements: • Application to the PBO Authority • Constitutive document / Constitution of PBO • Name and addresses of the founders • Purpose and principal activities of the PBO • Postal and physical address • Fee • Any other such particulars as may be required

19. REGISTRATION II • Registration is considered within sixty days • If rejected notified of the reasons in writing within the remaining sixty days time period • Presumption of registration – no decision after sixty days the PBO may apply to the tribunal for an order requiring the Authority to issue a certificate or communicate why registration has been refused.

20. REGISTRATION III • Refusal of registration: • Application doesn’t comply; • Objectives contravene any written law; • Serious violation or repeated violation of the Act; • False or misleading information given; • Similar name with another organization as is likely to be misleading. • Refusal and reason why must be communicated with fourteen days.

21. NATIONAL FEDERATION OF REGISTERED PBOs • Umbrella organization of all PBOs and the self-regulation forums of PBOs recognised by the Authority. • Nine governing board members; • Elected from member organsations; • Elections conducted by IEBC.

22. NATIONAL FEDERATION OF REGISTERED PBOs FUNCTIONS • Provide sectoral leadership; • Promote self regulation by the forums for self regulation of PBOs; • Co-ordinate the self regulation forums; • Advise the Authority generally on the development of the PBOs sector; • Facilitate capacity building of NGOs; • Nominate for appointment to statutory bodies; • Render advise to donors and the Authority on any issue relating to the sector.

23. PUBLIC BENEFIT ORGANISATIONS DISPUTES TRIBUNAL • Jurisdiction: • Disputes between any member of the Federation and the Federation; • Disputes between members of the Federation; • Disputes between the Federation and the Authority; • Complaints out of a breach of the Act; • Appeals from a decision of the Cabinet Secretary or the Authority concerning the Federation. • Appeals from a decision of the Federation.

24. PUBLIC BENEFIT ORGANISATIONS DISPUTES TRIBUNAL II • Composition: • Chairperson – Advocate of no less than seven years standing; • Two advocates – no less than five years standing; • Two skilled persons. • Appointed by the Chief Justice.

25. PUBLIC BENEFIT ORGANISATIONS DISPUTES TRIBUNAL III • Powers of a subordinate court of first class. • Jurisdiction excludes criminal jurisdiction except as provided under section 53.