Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2020.

International and Regional Human Rights Agreements

On August 4, 2010, at a national referendum, Kenyans voted in favor of a new Constitution. The constitution review process, which preceded the referendum, has been touted as the most participatory constitution review process worldwide, as it was consultative from the start and largely integrated the views of the public in the final document. The new constitution promises far-reaching and comprehensive reforms in the governance of the country.

Relevant provisions include:

Implementation of rights and fundamental freedoms
21. (1) It is a 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.

Freedom Of Expression

33. (1) Every person has the right to freedom of expression, which includes—

1. freedom to seek, receive or impart information or ideas;
2. freedom of artistic creativity; and
3. academic freedom and freedom of scientific research.

(2) The right to freedom of expression does not extend to—

1. propaganda for war;
2. incitement to violence;
3. hate speech; or
4. advocacy of hatred that—
5. constitutes ethnic incitement, vilification of others or incitement to cause harm; or
6. is based on any ground of discrimination specified or contemplated in Article 27 (4).

(3) In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.

Access To Information

35. (1) Every citizen has the right of access to—

1. information held by the State; and
2. information held by another person and required for the exercise or protection of any right or fundamental freedom.

(2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person.

(3) The State shall publish and publicise any important information affecting the nation.

Freedom Of Association

36. (1) Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind.

(2) A person shall not be compelled to join an association of any kind.

(3) Any legislation that requires registration of an association of any kind shall provide that—

1. registration may not be withheld or withdrawn unreasonably; and
2. there shall be a right to have a fair hearing before a registration is cancelled.

Assembly, demonstration, picketing and petition

37. Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.

Right to Language and culture

44. (1) Every person has the right to use the language, and to participate in the cultural life, of the person’s choice.

National Laws and Regulations Affecting Sector

Relevant regional and national-level laws and regulations affecting civil society include (see also Kenya Gazette):

• The Non-Governmental Organizations Coordination Act, Act No. 19 [1990]
• The Non-Governmental Organizations Coordination Regulations [1992]
• Non-Governmental Organizations Coordination (Amendment) Regulations [2010]
• The Non-Governmental Organizations Council Code of Conduct [1995]
• The Companies Act, No. 17 [2015]
• The Societies Act, Chapter 108 of the Laws of Kenya [1968]
• The Trustees (Perpetual Succession) Act, Chapter 164 of the Laws of Kenya [1987]
• The Trustee Act, Chapter 167 of the Laws of Kenya [1982]
• The Income Tax Act, Chapter 470 of the Laws of Kenya
• East Africa Community Customs Management Act [2004]
• Income Tax (Charitable Donations Regulations) [2007]
• Sessional Paper No. 1 [2006]
• The East Africa Community Treaty [1999]
• The Public Benefit Organisations Act [2013] (expected to be operational)
• Data Protection Act, Laws of Kenya, No. 24 of 2019
• Statute Law (Miscellaneous Amendments) Act, 2020
• Trustees (Perpetual Succession) (Amendment) Act, No. 13 of 2021
• The Computer Misuse and Cybercrimes Act, 2021
• Data Protection Regulations, 2021
• Public Finance Management Act (PFMA), No. 18 of 2012
• County Governments Act, No. 17 of 2012
• Urban Areas and Cities Act, No. 13 of 2011
• Public Procurement and Disposal Act, No. 33 of 2015
• County Public Participation Guidelines
• Community Groups Registration Act, No. 30 of 2022
• Income Tax (Donations and Charitable Organisations Exemption) Rules, 2024
• Access to Information Act, 2016
• The Access to Information (General) Regulations, 2021
• Data Protection Act Regulations, 2019

Pending NGO Legislative / Regulatory Initiatives

1. The Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill was passed on April 17, 2025. The Bill sought to amend several laws, including the Public Benefit Organisations Act, which it amended by granting additional powers to the Public Benefits Regulatory Authority to oversee and monitor PBOs that are at risk of terrorism financing. On April 28, 2025, the President, however, declined to assent the Bill and referred it back to the National Assembly for reconsideration of the provisions on the transition of the National Counter-terrorism Centre.

2. In late 2024, The Ministry of Information, Communications, and the Digital Economy (the Ministry) conducted a broad-based ICT sector reform process, which was spearheaded by an ICT Sectoral Working Group (Taskforce Committee) on Policy and Legislative Reforms for the Information, Communications, and the Digital Economy Sector. The Sector Working Group examined the existing policy, legislative, institutional, administrative, operational structures, systems, and strategies. It recommended comprehensive reforms that align the ICT and digital economy sectors to emerging realities in the ICT landscape. The review also seeks to align the existing laws (some of which date as far back as the 1980s) with the current constitutional dispensation. In 2024, the Working Group submitted a report and an implementation matrix, including draft policy and legislative proposals.

The Ministry through the AI (Artificial Intelligence) Steering Committee developed the Kenya AI National Strategy. The Strategy aims to enable the country to harness the transformative potential of AI to drive the country’s socio-economic development. The Ministry invited members of the public, stakeholders and all interested parties to submit their reviews, comments and recommendations on the draft, to inform its review. In addition, as part of its efforts to develop the AI Strategy, the Ministry convened a workshop on January 28, 2025 to refine and strengthen the Kenya AI Statement of Principles.

In March 2025, the Ministry launched the Kenya National AI strategy (2025- 2030).

3. The Public Fundraising Appeals Bill, 2024 (Senate Bill No. 36 of 2024) was published in the Senate on July 12, 2024 and was submitted to the Standing Committee on Labour and Social Welfare for discussion. It seeks to replace the Public Collections Act, Cap.106, which was enacted in 1960 to regulate the collection of money and property from the public. The Bill aims to provide a framework for the regulation of fundraising appeals; to promote transparency and accountability in the carrying out of fundraising appeals to foster greater philanthropy; to enable the licensing and regulation of fundraisers; and to establish a framework of standards for persons and entities involved in the conduct of fundraising appeals. The Bill passed through the Second Reading in Senate on March 20, 2025 and is set to go through the final stage in parliament – the Committee of the whole house.

4. The Assembly and Demonstration Bill, 2024 went before the National Assembly for the first reading on August 7, 2024. The Bill aims to provide a legal framework for the regulation of assemblies and demonstrations and stipulates that a person intending to hold an assembly or demonstration must notify the regulating officer in advance. It also gives power to the regulating officer to impose conditions on the carrying out of an assembly or demonstration that may relate to public safety, the maintenance of public order, or the protection of the rights and freedoms of persons. In addition, the Bill imposes liability for damage on an organization or person who convenes or takes part in an assembly or demonstration and sets out the powers of the police during an assembly or demonstration. The public submitted comments on the Bill during the public participation phase that ended in September 2024. The Bill has not yet proceeded to the next stage as of June 2025.

5. The County Civic Education Bill, 2024, passed through the Second Reading in Senate on March 20, 2025 and is set to go through the final stage in parliament – the committee of the whole house. . It seeks to provide a framework for the promotion of civic education in Kenya and to regulate civic education programs at the county level in accordance with the County Governments Act, 2012. Nevertheless, there are specific provisions in the Bill that could limit NGOs’ ability to freely engage in civic education programs and thus contravene international human rights standards and best practices. For example, Section 11 of the Bill authorizes the county civic education unit to register NGOs and other non-state actors providing civic education, despite the existence of a national framework governing NGO operations. Sections 11 and 12 also impose mandatory registration. In addition, the timeframe for processing applications under Section 13 does not comply with the international best practice for simple, non-burdensome and expedient procedures. Lastly, Section 20 creates criminal sanctions on an NGO that submits false information in their application punishable by a fine of 500,000 kshs (approx. $3900) and/or a one-year prison sentence, which is not narrow or strictly proportionate to the gravity of the misconduct in question.

6. Kenya’s Draft Public Participation Policy, 2024  which was tabled in Parliament for adoption in 2024 has not yet been adopted. The main objective of the policy is to provide the framework for the management and coordination of public participation in Kenya to fulfill the constitutional requirement on citizen engagement in development and governance processes in the country. Kenya has been an active member of the Open Government Partnership (OGP) since 2011 and is currently the co-Chair of the Steering Committee on OGP, a multilateral forum through which governments commit to open, accountable, and responsive governance. Kenya has adopted its 5th OGP National Action Plan 2023-2027, which includes commitments on public participation in legislative and budget processes, strengthening oversight and accountability mechanisms, promoting citizen engagement and civic space, leveraging technology and innovation among others. However, the policy does not refer to any of these commitments to ensure policy coherence. The policy should draw on these frameworks with a view to enhancing existing mechanisms as well as addressing specific gaps in the public policy framework in line with human rights norms and best practices.

7. A new Public Participation Bill, 2025, has been drafted by the Attorney General. It will be presented for comments through public participation sessions in May and June 2025.

8. The Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill was passed on April  17,2025. The Bill sought to amend several laws including the Public Benefit Organisations Act. It amended the Public Benefits Organisation Act by granting additional powers to the Public Benefits Regulatory Authority to oversight and monitor public benefits organisations that are at risk of terrorism financing in the Country. On April 28, 2025, the President declined to assent the Bill and referred it back to the National Assembly for reconsideration of the provisions on transition of the National Counter-terrorism Centre.

Organizational Forms

Civil Society Organizations (CSOs) in Kenya may assume one of following available organizational forms:

(1) Public Benefit Organisations (PBOs) are registered by the Public Benefit Organisations Authority (PBORA) and governed by the Public Benefit Organisations (Act No. 18, Laws of Kenya).  The Act, which commenced on 14^th May 2024, replaced the NGO Coordination Act, 1990. All NGOs that were registered under the NGO Coordination Act will be deemed to be registered as Public Benefit Organisations (PBOs) under the PBO Act.

The PBO Act, under section 2, defines “Public Benefit Organisation” as a voluntary membership or non-membership grouping of individuals or organisations, which is autonomous, non-partisan, non-profit making and which is:

– Organised and operated locally, nationally or internationally;
– Engages in defined public benefit activities; and
– Registered by the Authority.

“Public Benefit Activity” is defined under section 2 as  “an activity that supports or 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.

(2) Companies limited by guarantee and not having share capital are registered by the Business Registration Service under the Companies Act (Chapter 486, Laws of Kenya). They can exist to promote any legal purpose as long as these are contained in the memorandum of incorporation and articles of incorporation.  As but one example, many service delivery institutions – such as schools and healthcare organizations – are registered as companies limited by guarantee and having no share capital. Between 2018 and 2022, 477 organisations were registered as Companies Limited by Guarantee. The cumulative number of CLGs as at December 2022 was 2,532.

(3) Trusts are established by families, groups or individuals to hold and manage assets for the benefit of others.  Trusts may be incorporated under the Trustees (Perpetual Succession) Act, CAP 164, Laws of Kenya. The cumulative number of Trusts registered in Kenya as at December 2022 was 2,343.

(4) Under the Societies Act, a society is “any club, company, partnership or other association of ten or more persons, whatever its nature or object, established in Kenya or having its headquarters or chief place of business in Kenya” (Societies Act, Section 2). The definition specifically excludes trade unions, cooperatives, corporations, and certain other entities. Societies are registered and regulated by the Registrar of Societies, under the Societies Act, CAP 108, Laws of Kenya. After grassroots organizations, societies are the second largest category of CSO: there are over 70,000 societies registered in Kenya.

(5) Community Groups are the largest group in the civil society sector and operate primarily as mutual benefit organizations at the village and community level. There are over one million such groups registered, with 60, 000 registered in 2022 alone. While formerly recognized as Community-Based Organizations (CBOs) by the Department of State for Social Protection, these organizations did not have any particular registration legal regime until recently. Community groups are now able to attain legal status through registration under the Community Groups Registration Act of 2022. They are registered by the Directorate of Social Development under the Ministry of Labour and Social Protection.  The Act defines Community Groups as “a voluntary association of individuals from the same community which is self-organized for a common purpose aimed at improving the livelihood of the group members or for a community benefit and includes a special interest group, community project, and community based organization but shall not include a Public Benefit Organization, NonGovernmental Organization or groups formed to champion a political cause or contrary to public policy.”

Public Benefit Status

Under section 7 of the PBO Act, the Public Benefit Organizations Regulatory Authority (the government agency that will register PBOs) has the authority to grant Public Benefit Status (Section 7(b)) to an organization registered under another law. This means that the organization will be “recognized” by the Public Benefit Regulatory Authority as an organization that is established for the public’s benefit. This could apply to a trust, society or a company limited by guarantee.

The PBO Act provides under section 12(1) that The Authority shall issue guidelines that it shall apply in bestowing of public benefit organisation status as contemplated in section 7(b).

The rules and regulations will therefore provide comprehensive guidelines for determining whether an organisation can acquire public benefit status. However, the rules are yet to be developed.

While PBOs registered under the PBO Act are set up to pursue public benefit objectives, other CSOs can also pursue public benefit purposes:

• Trusts may be established to carry out a wide range of purposes including charitable and non-charitable purposes.
• Societies may be established for any purpose or object.
• Community Groups can be created for the promotion of the welfare and economic interests of their members and the community.

The following organisations are not eligible to receive public benefit status. The PBO Act explicitly excludes from registration:

• A trade union within the meaning of Labour Relations Act, 2007
• A public body established by or under any written law
• A political party as provided for in the Political Parties Act, 2007
• A religious organization primarily devoted to religious teaching or worship
• A society within the meaning of the Societies Act
• A co-operative society as provided for in the Co-operative Societies Act
• A micro-finance institution within the meaning of the Micro-Finance Institutions Act
• A Community-Based Organization (CBO) whose objective include the direct benefit of its members

The Tax Laws Amendment Act, 2024, which proposed amendments to the Income Tax Act (ITA), was assented to law on December 11, 2024. Section 2(k) of the Act broadens the definition of a donation in the ITA to include grants, where it is defined as “a benefit in money in any form, promissory note or a benefit in kind conferred on a person without any consideration and includes grants.” This has significant ramifications, especially for not-for-profit organisations. It means that the Kenya Revenue Authority will not regard grants as income for income tax purposes. While it was generally understood that this was the official position, no specific provision in the law exempted grants from income tax.

Barriers to Entry

Under the NGO Coordination Act (which was repealed by the PBO Act), ambiguous provisions were sometimes used to curtail transparency and hinder registration of certain NGOs. For example, the NGO Coordination Board could refuse registration of an NGO applicant if it was satisfied that its proposed activities or procedures were not “in the national interest”; or if it was satisfied, on the recommendation of the NGO Council (the NGO Council is a national umbrella body for NGOs),  that the applicant should not be registered. While the Board sometimes furnished the applicant with an explanation for the refusal of registration, the Board was not legally required to do so. In practice, denial on the broad ground of the “national interest” has been used unjustifiably to curtail the rights of NGOs. [See Kameri-Mbote, Patricia, Dr. (2000) ‘The Operational Environment and Constraints for NGOs in Kenya’ IELRC Working Paper, www.ielrc.org]. By contrast, however, Sections 6- 13 of the new PBO Act provide clear, straightforward criteria for registration of PBOs and a clear, explicit timeline for processing an application for registration.

Under the Societies Act:

1. The Government may deny registration of societies on vague and ambiguous grounds, which invite arbitrary and subjective decision-making. Similarly, the Registrar of Societies has wide discretion to refuse to register a society if he has “reasonable cause to believe” that the society has among its objects, or is likely to pursue or be used for, any unlawful purpose or any purpose prejudicial to or incompatible with the peace, welfare or good order in Kenya, or that the interests of peace, welfare or good order in Kenya would otherwise be likely to suffer prejudice by registration of the society. The Registrar may also refuse to register a society where he is satisfied that such society is a branch of, or is affiliated to or connected with, any organization or association of a political nature established outside Kenya.  Additional reasons for denial apply where the terms of the constitution or rules of the society or the name of the society is in any respect repugnant to or inconsistent with any law or is otherwise undesirable.
2. Societies are subject to mandatory registration, at least according to the law as written, although this has not proved problematic in practice. The Societies Act provides that every society which is not a registered society or an exempted society is an unlawful society. Hence, where ten or more persons get together, they are expected, according to the law, to have that group registered. There are stiff penalties for operating as a society without a registration certificate. This legal provision is, however, rarely enforced.

Barriers to Operational Activity

The new PBO Act in section 4 makes the Government responsible for providing an enabling environment for PBOs to operate. This is in line with the Government’s obligations under international law to respect the freedoms of association and assembly. PBOs have a duty to furnish the Regulatory Authority with their annual report of activities and audited financial returns, six months after the end of every financial year (Section 31). The Authority may institute inquiries to determine if the activities of a PBO do not comply with the PBO Act or any other law (section 42(1)(h)). The powers of the Authority to cancel or suspend registration of a PBO are limited to specific instances and to be exercised in line with clear procedures, aimed at safeguarding PBOs (section 18 and 19).

The Societies Act includes a number of potentially troubling legal barriers affecting societies:

• The Act gives wide discretion to the Registrar of Societies and sweeping powers to various government officials with respect to investigating, arresting, entering and searching the premises of any society.
• The Act makes it an offence for a society to fail to keep a register of its members, their names, and the date of admission and exit.  Where societies fail to comply with requirements to provide membership lists, annual accounts or other information, they are liable to heavy penalties, including fines and imprisonment.
• Where it is alleged that a society is an unlawful society, the burden of proving that it is a registered or exempted society or that it is not a society shall lie with the person charged.

In practice, however, these powers are rarely exercised. Societies generally operate under minimum supervision.  Only occasionally, where a group is suspected to be conducting illegal activities, have the provisions in this Act been put into effect.

Barriers to Speech / Advocacy

Generally, there are no legal barriers for PBOs to speak out or engage in advocacy efforts on any issues of public importance. The PBO Act (sections 66 and 67) provides that PBOs may engage freely in research, education, publication, public policy and advocacy.

Barriers to International Contact

The PBO Act does not hinder PBOs from contacting, cooperating or communicating with other actors across international borders.

Barriers to Resources

Generally, Kenyan law provides a conducive framework for PBOs to seek and secure funding. For example:

• CSOs are generally permitted to engage in income earning activities provided that the income is used to further the CSO’s purposes and that the activities are directly related to its purposes or carried out on behalf of its beneficiaries.  NPOs can conduct business activities either directly or through for-profit subsidiaries.
• The Income Tax Act exempts a CSO from income tax on any gains or profits it obtained from a business that is related to its charitable purposes, as long as the profits are applied solely to the charitable purposes.
• The PBO Act (section 65) provides that PBOs may engage in lawful economic activities provided the income is used solely to support the PBOs public benefit purposes.
• Local resource mobilization through harambees (public fund-raisers) is recognized, as long as it adheres to the guidelines in the Public Collections Act, which is generally enabling. A bill on Public Fundraising Appeals is currently in Parliament.
• There are no special rules relating to the receipt of foreign funds by PBOS.
• There are, however, very few instances where CSOs receive funding from the Government.

Nonetheless, in 2024, the government accused 16 CSOs, including several PBOs, of using foreign funding to support nation-wide protests against the Finance Bill, 2024. The Public Benefit Regulatory Authority also forwarded files of the accused PBOs to the Directorate of Criminal Investigations (DCI) to launch a probe into their operations in the country.

Barriers to Assembly

The freedom of assembly is protected in Kenya’s Constitution, in Article 37: “Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.” The Public Order Act regulates the organizations and staging of public gatherings and demonstrations.

Advance Notification. Under Sections 5(1) and 5(2) of the Public Order Act, notification of the intent to hold public meetings and public processions is mandatory. The threshold that triggers the notification requirement is when 10 people are present at an assembly. Section 5(2) of the Public Order Act states that, “Any person intending to convene a public meeting or a public procession shall notify the regulating officer of such intent at least three days but not more than fourteen days before the proposed date of the public meeting or procession.” At least two practical concerns arise:

• There is no time limit specified for the regulatory authority to respond to the notification; it is only assumed that the regulatory authority must respond before the date of the proposed assembly.
• There are no statutory provisions about the right to appeal a negative decision from the regulatory authority. However, case law and specific legal provisions within constitutional and public administrative law allow challenges to oppressive and unreasonable government action. Despite this, practically speaking, it may not be possible to challenge and reverse the decision of a refusal from the regulatory authority in sufficient time for the meeting to take place, especially where the notice is submitted close to the day of the meeting.

Spontaneous Assemblies. Due to the notification requirement, spontaneous demonstrations are not allowed. According to Section 5(1) of the Public Order Act, “No person shall hold a public meeting or a public procession except in accordance with the provisions of this section.” According to Section 5(1) anyone who participates in an “unlawful assembly” is liable to imprisonment for up to one year. 

Time, Place, Manner, and Other Restrictions. According to Section 5(3), subsection (2)(b) of the Public Order Act, the notification about holding an assembly must specify “the proposed date of the meeting or procession and the time thereof, which shall be between 6:00 a.m. and 6:00 p.m.” Thus, there are time restrictions for holding an assembly.

Simultaneous Assemblies. Sections 5(2) and 5(4) of the Public Order Act also do not allow more than one demonstration on the same day, at the same time or at the same venue/route. This in effect prohibits counter–demonstrations. The regulating officer will, however, allow another demonstration on a different date, or time and route.

Enforcement. Since 2011, there have been a number of demonstrations involving clashes between  demonstrators and police and military personnel. The police have been accused of using excessive power to intimidate Kenyans who protest. This been affirmed by videos of police abusing protestors, particularly vulnerable groups, such as internally displaced persons (IDPs).

Barriers to Public Participation

The laws of Kenya generally facilitate realization of the right to public participation. The Constitution recognizes public participation recognized as a core part of the democratic form of government. It is upheld as one of the national values (Art .10). It is also one of the national principles of public service (Art. 232). Several articles spell out that public participation is required at the national and county government levels in legislative and budgetary processes (Art. 201, 118, 196). A number of laws also stipulate that public participation is a requirement, including the Public Finance Management Act, the County Governments Act, the Urban Areas and Cities Act, the Public Procurement and Disposal Act, and the County Public Participation Guidelines. In few cases, like Makueni county, county governments have worked jointly with civil society organizations to raise awareness on public participation. The result has been a more engaged citizenry.

In addition, some laws mandate the integration of minorities or marginalized groups in county development and governance. For example, the County Government Act (section 34e) requires county governments to protect and promote the interests and rights of minorities and marginalized communities. Also, when establishing mechanisms, processes, and procedures for community participation, cities or urban areas must consider the special needs of minority and marginalized groups (County Government Act, 2nd schedule, clause 2). The Public Finance Management (County Government) Regulations (section 207) provide that regulations should provide for special needs of people who cannot read or write, people with disabilities, women and other disadvantaged groups.

However, the right to public participation is not fully recognized in practice. Civic education on public participation, though acknowledged as critical, is largely wanting in most parts of the country. A number of state practices restrict the effective implementation of public participation. These include lack of political will; restricted access to information; weak, uncoordinated, or missing structures or mechanisms to support implementation of public participation laws and policies; inadequate funding; and weak feedback practices. Limits to the realization of the right to public participation fall disproportionately on “special interest groups” (SIGs) such as women, youth, and people with disabilities. According to a 2020 survey by Mzalendo and TEAM with support from ICNL, SIGs are particularly affected by challenges that hinder public participation. The survey sought to examine the level of involvement of these groups in the decision-making processes in the county government of Kisumu during the COVID-19 pandemic, the effectiveness of their participation in decision-making processes, and the challenges they face. The survey found that there is a low level of engagement of SIGs in decision-making processes, occasioned by poor implementation of the legal framework for public participation, poor feedback processes, and the high costs of online platforms for engagement, among other challenges.

In addition, while there are no legal restrictions on climate or environmental advocacy, there are several practices, contrary to existing legal provisions, that have made the work of activists or communities particularly challenging. For example, there have been a few instances where people seeking to benefit from legal provisions that mandate consultation with or compensation of community members in areas where prospective projects are to be set up have bought parcels of land from the residents at disproportionately low prices. This dilutes the voice of community members on concerns they may have regarding prospective projects. In some cases, authorities have issued mining prospecting permits over community trust land, without following the procedures required by the law (Mining Act, No. 12 of 2016, sections 38(2) & 128), which requires the community to give consent. Similarly, the Community Land Act (No. 27 of 2016), section 36, requires companies investing in community land to enter into a benefit sharing agreement with the community. Few companies do so.

A number of court cases have addressed the right to public participation:

• In the National Gender and Equality Commission V Independent Electoral and Boundaries Commission (IEBC) & Another [2013] eKLR, the court found that the IEBC did not develop sufficient guidelines or take specific steps aimed at increasing or promoting the participation of vulnerable groups within the electoral process other than passively inspecting the party lists submitted to it.
• In Law Society of Kenya V Attorney General & 2 Others, [2013] eKLR, the courts sought to determine whether there was public participation as enshrined in the Constitution. The Law Society of Kenya argued that the Statute Law (Miscellaneous Amendment) Act, 2012 was enacted without public participation required by the national values and principles of governance set out in Article 10 in the Constitution. They urged the court to annul the law in the event it found that there was no public participation noting that in view of the magnitude of the amendments, there ought to have been public consultation. The court found that the petitioner did not show or demonstrate that there was no public participation in the whole process.
• Similarly, in Commission for the Implementation of the Constitution v Parliament of Kenya & another & 2 others & 2 others, [2013] eKLR, Katiba Institute (a not-for-profit organization) submitted that the Leadership and Integrity Act was invalid insofar as it ignored views of Kenyans on effective enforcement, hence defeating the essence of public participation. However, the Court did not hold that the Act was unconstitutional for want of public participation, because the petitioners did not address the standard to assess the level of public participation in the legislative process.
• In Moses Munyendo & 908 others v Attorney General & another, [2013] eKLR, the court considered whether the Crops Act, 2012 and the Agriculture, Fisheries and Food Authority Act, 2012 which were passed into law and assented to by the President on January 14, 2013, were unconstitutional on the grounds that they were enacted without public participation. However, the court held that the petitioners did not discharge their burden of showing that the statutes were enacted without public participation.
• In Nairobi Metropolitan PSV Saccos Union Limited & 25 others v County Of Nairobi Government & 3 others, [2013] eKLR, the petitioners sought a declaration that paragraph 6.1 of the Schedule to the Nairobi County Finance Act, 2013, which authorized the Nairobi City County to change the motor-vehicle parking levies, is unconstitutional, to the extent that there was no public participation in the process of the making, and enactment of the Act. The court held that there was adequate and appropriate public participation prior to the enactment of paragraph 6.1.

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change.  If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

General News

New regulations unveiled by state to guide NGO operations in Kenya (June 2025)
The government has unveiled new regulations aimed at guiding the operations of non-governmental organisations (NGOs) in Kenya. Internal Security and National Administration Principal Secretary Dr. Raymond Omollo launched the Draft Public Benefit Organisations (PBO) Regulations in Nairobi on June 5, 2025. “The draft regulations, a product of broad-based stakeholder consultations, bring us a step closer to operationalising the PBO Act and strengthening the legal and institutional framework that governs Public Benefit Organisations in Kenya,” he said. This move marks a crucial step by the government in implementing the Public Benefit Organisations Act.

NGOs in Kenya Given until May 2026 to Comply with New Public Benefits Law (May 2025)
All Non-Governmental Organisations (NGOs) in Kenya have until May 13, 2026 to restructure their internal systems, including governance, financial reporting and registration requirements, in line with the Public Benefits Organisations (PBO) Act. This follows the government’s decision to extend the compliance deadline by a year to allow for a smooth transition into the new legal regime.

High Court quashes police ban on Nairobi protests (February 2025)
The High Court has struck down the decision by Inspector-General of Police Douglas Kanja to ban anti-government protests in Nairobi’s Central Business District, declaring it unconstitutional. The court also overturned the requirement that protests must have a designated leader, calling it an unlawful restriction on fundamental rights. The ban, introduced in response to youth-led protests that erupted in June 2024, had been justified by Kanja on the grounds that criminal gangs had infiltrated the demonstrations.

Government Targets 2,802 NGOs for Deregistration Over Non-Compliance (December 2024)
The Public Benefit Organizations Regulatory Authority (PBORA) has announced plans to cancel the registration certificates of 2,802 non-governmental organizations (NGOs) due to non-compliance with the Public Benefit Organizations (PBO) Act, 2013. In a Kenya Gazette notice dated November 21, PBORA stated that the listed organizations breached provisions of the Act and failed to meet the terms of their certificates. Notable among them is the Sakaja Johnson Foundation, linked to Nairobi Governor Johnson Sakaja, which has defaulted for one year.

NGO Board Forwards Names Of Organizations Operating Without License To DCIs (July 2024)
The Public Benefit Regulatory Authority has forwarded names of NGOs operating in Kenya without registration. The authority chairperson Mwambu Mabonga claimed that the NGOs have been receiving funds that they are not accountable for. He also alleged that the organizations are running unauthorized bank accounts and implementing projects that cannot be justified.

Government must protect freedom of assembly and investigate killings (June 2024)
The ITUC calls on the government of Kenya to investigate the killing of more than 20 people by security forces during a protest against its finance bill, which it has now withdrawn. The government must also guarantee that the people of Kenya can safely exercise their basic, democratic rights in the future.

Court Declares Housing Levy Unconstitutional (November 2023)
A High Court in Nairobi has declared the housing levy that was introduced by President William Ruto as unconstitutional. Delivering the court’s decision, the High Court stated that they had looked through various sections of the act and where some were constitutional, some were not.

Kenya’s Anti-gay Bill Proposes 50-year Jail Term (September 2023)
Kenya is considering the Family Protection Bill 2023, which could lead to 50-year prison sentences for non-consensual same-sex acts. Sponsored by Homa Bay Town legislator Peter Kaluma, the bill aims to ban homosexuality, same-sex unions, and LGBTQ activities and campaigns. It also intends to prohibit gay parades, assemblies, marches, and public cross-dressing.

Supreme Court Reaffirms LGBTQ Right to Associate (September 2023)
Kenya’s highest court dismissed a challenge to its February ruling that allowed the National Gay and Lesbian Human Rights Commission to register as an NGO. The Supreme Court established the petitioner, opposition MP Peter Kaluma, is not an aggrieved party to its ruling since he was never involved in the case under rules that govern case hearings. Kenya’s NGO Coordinating Board refused to register NGLHRC for more than a decade on grounds that it promotes same sex behavior, which the country’s penal code criminalizes.

Uhuru Refuses to Sign Controversial ICT Bill Into Law (June 2022)
President Uhuru Kenyatta has refused to sign into law the controversial Information Communication Technology Practitioners Bill, commonly referred to as the ICT Bill. While assenting to other Bills presented to him at State House, Nairobi on Tuesday, June 21, the President sent the Bill to Parliament with a memoranda asking the House to listen to practitioners and put into consideration their concerns.

Kenya’s Supreme Court declares BBI unconstitutional (March 2022)
The Supreme Court on Thursday stopped President Uhuru Kenyatta’s divisive bid to make sweeping constitutional changes through the Building Bridges Initiative (BBI), which opponents say was an attempt to widen his powers. In a majority judgment, the Supreme Court, whose ruling is final, upheld a finding by the lower courts that Mr Kenyatta initiated the changes through a constitutional provision exclusively reserved for ordinary citizens.

Gov’t Warns Over 7,000 NGOs Of De-Registration Over Non-Compliance (March 2022)
Interior Cabinet Secretary Fred Matiangi said that out of the 11,890 registered NGOs, 9525 are active but only 3,000 have been filing compliance reports. He similarly warned the NGOs against being used by politicians during the electioneering period to perpetuate instability.

News Archive

State plans to register ICT practitioners in new bill (December 2020)

Kivutha Kibwana moves to Supreme Court over BBI bill (November 2020)

Police arrest 56 Kenyans during Sabasaba protests against brutality (July 2020)

Respect Kenyans’ Privacy During Contact Tracing, State Warned (April 2020)

The Resilience of Kenya’s Internet Freedoms During the Covid-19 Pandemic (April 2020)

Uhuru signs Bill for protection of personal data (November 2019)

Thumbs up to Kenya as delegates arrive for global conference (July 2019)

President signs amended Statute Law boosting counter-terrorism campaign (July 2019)

Senate Halts NIIMS Registration (February 2019)

NIIMS is legally flawed, offers no protection against cyber crime (February 2019)

Government will end extra-judicial killings at the Coast (January 2019)

Biometric IDs listing set for this year after secret tender (August 2018)

Kibara seeks to mend strained relations with NGOs (July 2018)

Obama arrives in Kenya, meets Kenyatta and Odinga (July 2018)

Kenya court suspends government’s media shutdown (January 2018)

Sword now targets AfriCOG (August 2017)

High Court strikes down Kenya’s criminal defamation law (February 2017)

High Court orders commencement of the PBO Act without further delays (November 2016)

Kiunjuri operationalises 2013 Public Benefit Organisations Act (September 2016)

Parliament passes Access to Information law (August 2016)

Women MPs vow to fight gender Bill collapse in court (April 2016)

Kenyan Assembly Approves Access to Information Bill (April 2016)

NGOs board bankrupt, Parliament told (April 2016)

Fresh bid to amend Kenya’s NGO law opposed by civil society (September 2015)

Ban NGOs linked to gay rights, says team (May 2015)

15 NGOs Deregistered On Suspicion of Funding Terrorism (December 2014)

Democracy and development under siege in Kenya (November 2014)

Fresh Onslaught on Foreign Funding and Civic Space (October 2014)

Kenyan President uses UK human rights plans to defend war crimes charges (October 2014)

Undermine state at your own peril, says new NGO Council boss (June 2014)

In Kenya, averting a move to strangle civil society with the financial noose, Maina Kiai (January 2014)

MPs throw out Bill targeting NGOs (December 2013)

Why the International Community Supports Development Projects in Kenya (November 2013)

Goverment moves to cut NGOs foreign funding (October 2013)

Article on the PBO Act, Head of Operations, Compliance and Research, NGO Coordination Board (August 2013)

Civil society accuses judges of derailing reforms (November 2012)

Civil society to educate public on Constitution (August 2012)

Civil society up in arms over Integrity Bill (August 2012)

Civil society challenges President over pending electoral laws (June 2012)

Rights activists reject amended laws (June 2012)

NGOs oppose Finance Minister’s plan to tax their income (June 2012)

NGOs wrangle over law to rein in sector (May 2012)

Ntimama finally appoints NGO board (March 2012)

Civil society already driving vision 2030 (July 2011)

Constitutional community justice systems in Kenya (May 2011)

Illegal NGOs to be closed (March 2011)

Kenya: Don’t waste the new Constitution (August 2010)

Kenya: Voice of reason in law review (August 2010)

Kenyan health Office says health aid best channeled through governments (July 2010)

House agrees to repeal law on injustices (April 2010)

Civil society to educate public on draft law (May 2010)