NAIROBI, Kenya, Sep 2 – Kenyans will need licenses to hold fundraisers should the Public Fundraising Appeals Bill, 2024, sail through Parliament.
The bill, which will be tabled by Senate Majority Leader Aaron Cheruiyot, seeks to overhaul the regulatory framework surrounding public fundraising efforts, commonly known as ‘Harambees.’
In the proposed changes, the new bill will replace the Moribund Public Collections Act, Chapter 106, and introduce stricter oversight at both the national and county levels.
The Cabinet Secretary in charge will oversee national fundraising appeals, process permit applications, and investigate any misuse of funds.
It emphasizes the importance of transparency and accountability, requiring detailed record-keeping and regular audits of fundraising activities.
”The objects and purposes of this Act are to provide regulatory framework to protect the public from fraudulent, misleading an d coercive fundraising appeals and provide a framework to ensure that the public has sufficient information to make informed decisions in making voluntary contributions in accordance with this Act,” read the bill in part.
At the county level, executive committee members will be responsible for administering the Act.
They will vet and process applications for fundraising permits, regulate local fundraising activities, and investigate any complaints or issues.
Counties will also maintain a register of all fundraising permits issued and submit annual reports on fundraising activities to their respective county assemblies.
The bill’s introduction is driven by a need to address the shortcomings of the existing Public Collections Act, which does not align with the devolved government structure and has been criticized for being insufficiently robust in combating corruption.
The new bill also aims to reduce the culture of dependency that has been associated with Harambees, particularly in private affairs.
Additionally, it seeks to promote the establishment of endowment funds and other sustainable income-generating investments for public benefit.
The legislation stipulates that state and public officers will have limited participation in public fundraising appeals, aiming to curb any potential misuse of influence or resources.
If passed, the Public Fundraising Appeals Bill, 2024, will mark a significant shift in how public fundraising is regulated in Kenya.
