The controversial sections are contained in the Statute Law (Miscellaneous Amendments) Bill, 2013 as amendments to The Public Benefits Organizations Act, 2013 (No. 18 of 2013).
Section 27 A (2) states: “A public benefit organization shall not receive more than 15 percent of its total funding from external donors.”
On the other hand, section 27A. (1) states: “Any funding of a public benefit organization shall be made through the federation and not by an individual members’ organization.”
Faith Gitonga said generally, the amendments to the initial law are good but the two new sections on foreign funding which have allegedly been sneaked in are meant to control the NGOs sector which in some quarters are deemed to be anti-establishment and this could spell their death
“We feel that the body under the PBO Act if it is established and given the resources and support will be able to do its work very well and pinpoint those organisations that need to be route out as well as support those are doing a good job to well effectively,” she stated.
“There is no reason why there should not be a structured, functional relationship based on shared development goals and other principles. To design legislation that aims to punish a few, whatever the state’s impression of the utility of their work, and then end up debilitating an entire sector is something the state would be well-advised to avoid,” the CBO Reference Group Executive Director.
The PBO Bill, 2012 which became law having been assented to by retired President Kibaki on January 14 last year was meant to bring order into the sector.
The PBO Bill 2012 was the product of a foresighted Member of Parliament, Sophia Abdi Noor, who consulted representatives of the country’s development sector, key government departments like the Non-Governmental Organizations Coordination Board, and led the development of a new law that was not only in conformity with the Constitution of Kenya, 2010 but was also reflective of a shift in government-civil society relations.