The Public Benefit Organizations (PBO) Act of 2013 is a legal framework in Kenya that governs the establishment, registration, and operations of Public Benefit Organizations. This factsheet provides highlights to some of its provisions. More details on the law can be accessed through our website www.kecosce.org

The Public Benefits Organizations Act 2013 (the PBO Act) came into force on 14 May 2024. The operationalization of the PBO Act brings a myriad of changes to regulation of non-governmental organizations and public benefit organizations. However, for its implementation and compliance, the regulations will have to be published.

The main objectives of the Act are;

1. Creating a conducive environment for the growth and operations of the PBOs
2. Promoting the development of self-regulation among PBOs
3. Facilitating mechanisms for government collaboration with PBOs, including funding of their activities and involvement of PBOs in the implementation of government projects
4. Facilitating a constructive and principled collaboration between PBOs, the government, business, donors and other actors in order to advance public interest;
5. Promoting freedoms of expression, association, and peaceful assembly by allowing PBOs to join or leave PBO forums and expressing themselves freely through  advocacy, picketing and peaceful assemblies.

Important definitions under the PBO Act

A Public Benefit Organisation (PBO) is a voluntary membership or non-membership grouping of individuals or organizations, which is autonomous, non-partisan, non-profit making, and which is:

1. Organised and operated locally, nationally or internationally
2. A PBO is any organization that engages in public benefit activities and provides public good services such as charity, education, healthcare, environmental Conservation, human rights, and poverty alleviation.
3. Is registered as such by the Public Benefit Organizations Authority.

A public benefit activity is an activity that, supports or promotes public benefit by:

1. Enhancing or promoting economic, environmental, social, or cultural development
2. Protecting the environment;
3. Lobbying or advocating on issues of general public interest; or
4. Advancing the interest or well-being of the general public or a category of individuals or organizations.

Effect on national non-governmental organizations (NGOs) and change of regulator

The Act repeals the Non-Governmental Organizations Coordination Act, 1990 (the NGO Act), the purpose of which was to govern the registration and regulations of NGOs. The NGO Act provided for the Non-Governmental Organizations Co-ordination Board (the NGO Board) which acted as the regulator in the NGO sector. The PBO Act constitutes a new regulator, specifically the Public Benefit Organizations Authority (the PBO Authority) which shall take over the functions of the NGO board.

The functions of the PBO Authority, among others, include:

• Registration and de-registration of PBOS;
• Maintenance of a register of PBOs with the precise sectors, affiliations and locations of their activities;
• Receiving and reviewing annual reports of PBOS;
• Advising the government on the activities of PBOS and their role in development within Kenya;
• Instituting inquires to determine if the activities of PBOs comply with the PBO Act; and
• Providing advice and training to PBOs.

DOWNLOAD THE PDF FACT SHEET HERE