KILIFI CSOS SELF REGULATION FRAMEWORK

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KILIFI CSOS SELF REGULATION FRAMEWORK

KILIFI CSOS SELF REGULATION FRAMEWORK

THE PREAMBLE

We, the members of Civil Society Organizations (CSOs) in Kilifi County, individually and collectively recognize our critical role in promoting the common good, advocating for social justice, and advancing the well-being of the communities we serve. This code of conduct provides the principles for our actions aimed at increasing the reliability of the organizations and the civil society sector in the society. This includes upholding the highest ethical standards, transparency, and accountability principles. It provides the principles for actions of non-governmental organisations aimed at increasing the reliability of the organisations and the non-profit sector in the society. An Enabling environment for civil society is key to realizing a vibrant civic space. This is aligned to chapter 4 articles 19-23 of Kenya’s 2010 constitution which contains an elaborate Bill of Rights which provides a sound anchor for promoting a human rights-based approach (HRBAs) for all. This framework also founded on the NGOs Act, 1990 and the PBO Act of 2013 which support self-regulation and ensuring protection of civic space.

1.0 NAME OF THE NETWORK

The Network shall be known as the “Kilifi Civil society Network” which shall include all members of non-state actors willing and committed to this self-regulation and code of conduct. Membership also includes individuals, unregistered CSOs like the social justice centres, informal gatherings and spaces including social media platforms.

1.1. Effective date
1) The effective date of this self-regulation framework will be on the day of validation.
2) Members willing to join will sign commitment forms on the day of validation and this process shall be open to willing organizations to continue signing and complying with the regulations.

 

1.0 INTRODUCTION
Over the past decade or so, Kenya has witnessed significant progress in its social and political landscape, marked by the adoption of a progressive constitution in 2010. This constitution introduced an extensive Bill of Rights and established multiple oversight institutions, representing a pivotal departure from the country’s authoritarian history. Despite these notable achievements, the civil society at both the national and county levels continue to operate within a challenging environment, characterized by a mix of internal and external obstacles.

For instance, a long after the constitution’s promulgation, Kenya’s path towards democratization remains precarious and fledgling. Persistent political instability and the ever-present presence of conflicts remain major concerns. Concurrently, there have been recurrent setbacks that pose a threat to these democratic advancements. Kenya has also ratified various international legal instruments that govern freedoms of association, assembly, and expression, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. Unfortunately, instances of unchecked abuse of state power and inadequate accountability mechanisms persist.

On the domestic front, Civil Society Organizations (CSOs), especially the newer ones, have faced challenges in meeting their objectives due to internal weaknesses in their structures and systems. They struggle to secure the necessary funding for their operations and face integrity, transparency, and accountability issues. Moreover, CSOs have encountered internal conflicts driven by factors such as the “big brother syndrome”, unhealthy competition, mistrust, and a general lack of collaboration and coordination. These issues have led many CSOs to operate in isolation, diminishing their overall impact.

Given this backdrop, there is a pressing need for civil society to proactively address the turbulent terrain and challenges they encounter within the civic space. One such effort involves the establishment of a robust Network, which can serve as a powerful platform. Building Networks is seen as a strategic response to counter the shrinking civic space and external forces that impede CSOs’ operations. Additionally, it allows CSOs to take deliberate steps towards self-regulation and compliance with the law. This Network, fostering camaraderie among members, holds promise for enhancing collective protection and providing opportunities for mentorship and empowerment, as interactions help guard against self-interest and opportunism.

Furthermore, the Network space facilitates collaboration among CSOs, enabling them to develop common plans, evaluate their strategies, and engage in joint implementation of programs, analysis and organizing. It also empowers CSOs to provide mutual encouragement, share & raise their voices, offer support, and establish horizontal and vertical linkages within their community, county, national regional, and global agencies dedicated to advancing civic space and working environment.
Moreover, civic space protection serves not only as insurance against external threats to CSOs but also as forums for discussing strategies to ensure CSO members’ well-being, socio-economics, mentorship, connections, and a range of solidarity initiatives available at the local, county, national, regional and global levels.

In light of these multifaceted challenges, it has become imperative for CSOs to unite and establish a cohesive framework that serves as a unifying point of reference. This initiative enables the sector to share good practice and learn from each other. It enables CSOs to take responsibility for their actions. This framework is not merely a symbolic gesture but a pragmatic solution designed to address the common good of the sector. By subscribing to this framework, CSOs can collectively tackle common issues and pursue shared interests.

It represents a concerted effort to fortify the sector’s foundations, restoring public trust, and ensuring that CSOs can continue to play a vital role in advocating for social change and addressing pressing issues within society. Ultimately, this unified approach is pivotal in revitalizing the impact and influence of Civil Society Organizations in their mission to serve the greater good.

2.0 THE BENEFITS AND VALUE PROPOSITION FOR CSOS TO SUBSCRIBE TO THIS SELF REGULATION FRAMEWORK

Based on the current operating environment (internal and external), there is a pressing need for civil society to proactively address the turbulent terrain and challenges they encounter within the civic space.

One such effort involves the establishment of a robust Network, which can serve as a powerful platform to counter the shrinking civic space and external forces that impede CSOs’ operations.

Additionally, it allows CSOs to take deliberate steps towards self-regulation and compliance with the law. This Network, fostering comradeship among members, holds promise for enhancing collective protection and providing opportunities for mentorship and empowerment, as interactions help guard against self-interest and opportunism.

Furthermore, the Network space facilitates collaboration among CSOs, enabling them to develop common plans, evaluate their strategies, and engage in joint implementation of programs, analysis and organizing. It also empowers CSOs to provide mutual encouragement, share & raise their voices, offer support, and establish horizontal and vertical linkages within their community, county, national regional, and global agencies dedicated to advancing civic space and working environment.

Moreover, civic space protection serves not only as insurance against external threats to CSOs but also as forums for discussing strategies to ensure CSO members’ well-being, socio-economics, mentorship, connections, and a range of solidarity initiatives available at the local, county, national, regional and global levels.

3.0 LEGAL AND REGULATORY FRAMEWORKS & INSTITUTIONS RELEVANT TO CSOs IN KENYA
This section of the Framework highlights and emphasizes the significance of some of legal and regulatory frameworks and the institutions responsible for enforcing them, which directly or indirectly, impact the operational environment of Civil Society Organizations (CSOs). To ensure compliance with these requirements, it is essential for CSOs to possess a thorough awareness of them, and the member CSOs of the Network in Kilifi, shall endeavour to keep themselves and or their members abreast and encourage total compliance at all times:

3.1 NATIONAL, COUNTY AND OTHER LEGAL FRAMEWORKS:

3.1.1 The Constitution of Kenya 2010: and especially chapter 4 on the bill of rights as articulated in Articles 19 – 24. Which provides the fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights.

Special focus is on Article 43 that provides as follows: –

(2) provides the State shall take the legislative, policy, and other measures, including the setting of standards, to achieve the progressive realization of the rights guaranteed under
(3) All state organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalized communities, and members of particular ethnic, religious or cultural communities.
(4) The State shall enact and implement legislation to fulfill its international obligations in respect of human rights and fundamental freedoms.

3.1.2The NGOs Coordination Act, 1990 and regulation of 1992

The NGO Coordination Act, 1990, and its regulations enacted in 1992 is the legislation that regulate the operations of non-governmental organizations (NGOs) in Kenya. At all times, efforts shall be made to ensure member CSO members of this Network are familiar with the provisions and requirements of law for their compliance to the same. However, it’s worth noting that, while the NGO Coordination Act has been operational for decades, there exists a PBO Act 2013 which has not yet been operationalised by the Government. For this purpose, we shall continue complying with the NGOs Act, 1990.

3.1.3 COMMUNITY GROUPS REGISTRATION ACT No. 30 of 2022

  • Assented to 6th July and implementation commenced on 26th July 2022.
  • Provides a framework for the registration and regulation of community groups and for connected purposes.
  • Guidelines touch on requirements and conditions for registration, renewal, mergers and amalgamations among others, that must be met and or adhered to.
  • CBOs and SHGs fall under this framework, hence relevant/affected members should familiarise themselves with the Act and ensure compliance.

 

3.1.4 Other National legislation and policies.
3.1.4.1 Proceeds of Crime and Anti-Money Laundering Act, 2009 (POCAMLA)
The Act was enacted to:

  • Provide for the offence of money laundering
  • Introduce measures for combating the offence,
  • Provide for the identification, tracing, freezing, seizure, and confiscation of the proceeds of crime.

This Act also paved the way for the creation of the Financial Reporting Centre at the Central Bank of Kenya, and the Asset Recovery Agency which is domiciled at the Attorney General’s Office.

3.1.4.2 Prevention of Organized Crimes Act, 2010 (POCA)

  • This Act was enacted to provide for the prevention and punishment of organized crimes and to provide for the recovery of proceeds of organized criminal group activities, and for connected purposes.
  • The law spells out tough measures to deal with criminal gangs and organized criminal group activities by imposing jail terms ranging from 14 years to life imprisonment for those found guilty.

3.1.4.3 Anti-Corruption and Economic Crimes Act, 2003

  • This Act was enacted by Parliament to provide a legal framework to guide the fight against corruption and economic crimes in Kenya. The Act provides for a number of strategies to be employed in the fight against corruption. These include investigation, prosecution, prevention, education, and asset recovery.
  • The Ethics and Anti-Corruption Commission (EACC) is mandated to implement the provisions of the Anti-Corruption and Economic Crimes Act.

3.1.4.5 Prevention of Terrorism Act, 2012

  • This is an Act of Parliament to provide measures for the detection and prevention of terrorist activities.
  • The Prevention of Terrorism Act (POTA) was enacted on 12 October 2012 to provide a comprehensive and effective legal framework to combat terrorism.
  • This is the Act that was used against 85 CSOs and businesses in 2015, including MUHURI & Haki Africa, when their bank accounts were frozen, after it was alleged they were involved in money laundering and supporting terrorist activities.

3.1.4.6 Kenya Revenue Authority (KRA):
Its main function is to assess, collect and account for all revenues collected and advise on matters relating to the administration of, and collection of revenue in form of taxes. KRA also assesses reports from FRC on issues of tax evasion and take appropriate measures.

3.1.4.7 Financial Reporting Centre (FRC)
As well as the Kenya’s Financial Intelligence Unit is established under the POCAMLA as an independent body whose principal objective is to assist in the identification of the proceeds of crime, combating money laundering and financing of terrorism activities.

3.1.4.8 County and other local legislation/regulations The members shall strive to comply with relevant county laws, policies and regulations within their operational environment or thematic focus. The members of the Network will adhere to all other relevant laws and regulations including Acts of parliament and other regulatory institutions

3.2. Summary of the legal structures government diverse civil society organizations.
In Kenya, the landscape of the non-state and community-driven organizations is diverse, encompassing various legal structures and frameworks that govern their operations. Each of these structures comes with its own set of rules, regulations and responsibilities, ensuring transparency, accountability and compliance with the law.

Below are some of these legal structures

  • Non-Governmental Organisations (NGOs),
  • Public Benefits Organization
  • Trusts,
  • Companies limited by Guarantee,
  • Societies
  • Community Based Organizations

 

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