* Category includes ratification, accession, or succession to the treaty

On August 4, 2010, at a national referendum, Kenyans voted in favor of a new Constitution. The constitutional 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.

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—

(a) freedom to seek, receive or impart information or ideas;

(b) freedom of artistic creativity; and

(c) academic freedom and freedom of scientific research.

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

(a) propaganda for war;

(b) incitement to violence;

(c) hate speech; or

(d) advocacy of hatred that—

i. constitutes ethnic incitement, vilification of others or incitement to cause harm; or

ii. 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—

(a) information held by the State; and

(b) 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—

(a) registration may not be withheld or withdrawn unreasonably; and

(b) 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.

Relevant regional and national-level laws and regulations affecting civil society include

• The Non-Governmental Organizations Council Code of Conduct [1995]
• The Companies Act, N° 17 [2015], Original
• The Companies Act [2015], Revised
• The Societies Act, Chapter 108 of the Laws of Kenya [1968]
• The Trust Administration Act, No. 28 [2026]
• The Income Tax Act, Chapter 470 of the Laws of Kenya
• East Africa Community Customs Management Act [2004]
• Sessional Paper N° 1 [2006]
• The East Africa Community Treaty [1999]
• Basic Education Act, CAP 211 [2013]
• The Public Benefit Organisations Act [2013], Original
• The Public Benefit Organisations Act [2013], Latest version
• Data Protection Act, Laws of Kenya, N° 24 [2019]
• The Computer Misuse and Cybercrimes Act [2021, 2025 version]
• Data Protection (General) Regulations [2021]
• Public Finance Management Act (PFMA), N° 18 [2012]
• County Governments Act, N° 17 [2012]
• Urban Areas and Cities Act, N° 13 [2011]
• Public Procurement and Disposal Act, N° 33 [2015]
• County Public Participation Guidelines
• Community Groups Registration Act, N° 30 [2022]
• Income Tax (Donations and Charitable Organisations Exemption) Rules [2024]
• Access to Information Act [2016]
• The Access to Information (General) Regulations
• The Employment Act, CAP 226
• Chiefs Act, CAP 128
• Official Secrets Act
• National Police Service Act
• Kenya Defence Forces Act
• County Governments Act
• National Intelligence Service Act
• Prevention of Terrorism Act
• Political Parties Act
• Elections Act
• Criminal Procedure Code
• Public Order Act
• Stamp Duty Act
• County Governments Act, N° 17 of 2012
• Urban Areas and Cities Act, N° 13 of 2011

1. In July 2026, the Kenya National Commission on Human Rights invited members of the public and relevant stakeholders to submit comments on the proposed Facilitation of Assembly, Picketing and Demonstration Bill, 2026. Developed by the Commission in collaboration with the Office of the Attorney General, the proposal seeks to give full effect to Article 37 of the Constitution by establishing a clear, rights-based framework for the peaceful and unarmed exercise of the rights to assemble, demonstrate, picket, and present petitions. The proposal will undergo an extensive public consultation process before being submitted to Parliament. The public comment period remains open.

2. The Ministry of Information, Communication and the Digital Economy has developed the draft Kenya Artificial Intelligence and Other Emerging Technologies Policy. This policy aims to provide a framework for the governance, development, deployment and use of AI and other related technologies. In mid-2026, the Ministry invited the public and relevant stakeholders to submit their insights, comments and recommendations to contribute to the finalization of the policy. The deadline for submissions was August 4, 2026.

3. The Public Participation Bill, 2025 (National Assembly Bill No. 44 of 2025) seeks to establish a general framework for effective public participation, including guiding principles and responsibilities for public institutions. Following its passage by the National Assembly, the Bill proceeded to the Senate. On September 23, 2026, the Senate’s Standing Committee on Justice, Legal Affairs and Human Rights invited written memoranda, with submissions due by September 28, 2026. Now the Senate must consider these inputs before possible enactment.

4. Kenya is considering accession to the Budapest Convention on Cybercrime. On October 9, 2026, Parliament reported that Cabinet had approved the proposed accession and that public participation was underway in partnership with Mzalendo Trust. Parliamentary discussions addressed international cooperation, access to electronic evidence and the relationship between the Budapest Convention and the newer United Nations cybercrime framework.

We are unaware of any other pending legislative/regulatory initiatives affecting NGOs. Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org

CSOs in Kenya can take one of following five organizational forms:

Public Benefit Organizations (PBOs): PBOs are registered by the Public Benefit Organizations Regulatory Authority (PBORA) and governed by the PBO Act (Act No. 18, Laws of Kenya). The Act, which came into effect on May 14, 2024, replaced the NGO Coordination Act, 1990. All NGOs previously registered under the NGO Coordination Act were deemed to be registered as PBOs under the new legislation. Section 2 of the PBO Act defines a PBO as a voluntary membership or non-membership association of individuals or organizations that is autonomous, non-partisan, and non-profit making. Further, a PBO must:

• Be organized and operate locally, nationally, or internationally;
• Engage in defined public benefit activities; and
• Be registered by the PBORA.

“Public benefit activity” refers to activities that support or promote “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 organizations.”

Companies limited by guarantee: These entities, which do not haveshare capital, are registered by the Business Registration Service under the Companies Act (Chapter 486, Laws of Kenya). They may be established to pursue any legal purpose outlined in their memorandum of incorporation and articles of incorporation. Many service delivery institutions, such as schools and healthcare organizations, are registered in this form. As of December 2022, there were 2,352 companies limited by guarantee in Kenya.

Trusts: A trust may be established for charitable and other purposes, including activities undertaken by CSOs. The Trust Administration Act, 2026, which took effect on September 25, 2026, replaced the Trustee Act and the Trustees (Perpetual Succession) Act with a consolidated framework for the registration, incorporation, administration and regulation of trusts. Written trusts must be registered or incorporated to be enforceable, although a person claiming an interest may apply to the court for recognition or enforcement of an unregistered written trust. Registration does not confer separate legal personality, while incorporation gives a trust corporate status. Existing trusts must comply with the new framework within 24 months of commencement, or within such other period as the Registrar directs.

Societies: A society is defined as “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. With over 70,000 societies registered in Kenya, they are the second largest category of CSO after community groups.

Community groups: Previously recognized as community-based organizations (CBOs) by the Department of State for Social Protection, community groups lacked a specific legal status until recently. Under the Community Groups Registration Act of 2022, these organizations can now attain legal status by registering with the Directorate of Social Development under the Ministry of Labor and Social Protection. The Act defines a community group 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.” The definition includes special interest groups, community projects, and CBOs, but excludes PBOs, NGOs, and groups formed to champion a political cause or contrary to public policy. With over one million such groups registered, they are the largest category of CSOs in the country.

Section 12(1) of the PBO Act provides 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 required to operationalize this provision have been gazetted.

Under Section 7 of the PBO Act, the Public Benefit Organizations Regulatory Authority (PBORA)— the government agency responsible for registering PBOs—has the authority to grant public benefit status to organizations registered under other laws. This means that organizations not registered as PBOs may still be recognized by PBORA as serving the public benefit.

While PBOs registered under the PBO Act are explicitly established to pursue public benefit objectives, other types of CSOs may also carry out public benefit activities. For example:

• Trusts may be established for a wide range of purposes, including both charitable and non-charitable objectives.
• Societies may be formed for any lawful purpose or objective.
• Community groups can be created to promote the welfare and economic interests of their members and the community.

However, the following types of organizations are not eligible to receive public benefit status:

• Trade unions as defined under the Labour Relations Act, 2007;
• Public bodies established by or under any written law;
• Political parties as provided for in the Political Parties Act, 2007;
• Religious organizations primarily devoted to religious teaching or worship;
• Societies as defined in the Societies Act;
• Co-operative societies under the Co-operative Societies Act;
• Microfinance institutions as defined in the Micro-Finance Institutions Act; and
• Community-based organizations (CBOs) whose objectives include direct benefits to their members.

The Tax Laws Amendment Act, 2024, which introduced changes to the Income Tax Act (ITA), was adopted on December 11, 2024. Section 2(k) of the Act broadens the definition of a donation in the ITA to include grants, defining them 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 implications for not-for-profit organizations, as it confirms that the Kenya Revenue Authority will not treat grants as income for income tax purposes.

Kenyan law generally supports the realization of the right to public participation. The Constitution recognizes public participation as a national value under Article 10 and a principle of public service under Article 232. Articles 118 and 196 require public participation in parliamentary and county assembly business, respectively, while Article 201 establishes public participation as a principle of public finance.

Several laws give effect to these constitutional requirements, including the Public Finance Management Act, the County Governments Act, and the Urban Areas and Cities Act. The County Public Participation Guidelines provide additional guidance on public engagement at the county level. In some counties, including Makueni, county governments have worked with CSOs to improve awareness of participation opportunities and encourage citizen engagement.

The legal framework also provides for the inclusion of minorities and marginalized groups. Section 34 of the County Governments Act requires county executive authority to be exercised while protecting and promoting their interests and rights. The Second Schedule to the Urban Areas and Cities Act requires participation mechanisms to take account of the needs of people who cannot read or write, people with disabilities, youth, and minority and marginalized groups, as well as gender equity. Section 207 of the Public Finance Management Act provides for regulations addressing participatory governance, including the needs of disadvantaged groups.

Despite these protections, public participation is not fully realized in practice. Barriers include limited civic education, restricted access to information, inadequate funding, weak institutional coordination, lack of political will, and inadequate feedback on how public submissions influence decisions. These shortcomings can reduce consultation to a procedural exercise rather than a meaningful opportunity to shape public policy.

These barriers alsodisproportionately affect women, youth, people with disabilities, and other marginalized groups. A 2020 survey by Mzalendo and TEAM, supported by ICNL, identified low engagement among special interest groups, linked to weak implementation of participation requirements, inadequate feedback, and the costs of accessing online engagement platforms. Effective participation therefore requires accessible information, inclusive consultation methods, and clear explanations of how public input has been considered.

Public participation is also relevant to environmental governance and decisions affecting community land. The Mining Act and Community Land Act provide safeguards concerning consultation, consent, and community interests. However, failures to follow applicable procedures can limit communities’ ability to influence projects affecting their land and livelihoods. The existence of formal participation requirements therefore does not, by itself, ensure meaningful community involvement.

On September 10, 2026, the High Court in Mathare Social Justice Centre & Another v Bore, Cabinet Secretary for Labour & Social Protection & Others declared the Community Groups Registration Act unconstitutional for inadequate, effective and meaningful public participation. The court suspended the declaration to allow corrective constitutional and legislative measures. The judgment therefore provided a recent example of judicial enforcement of public participation requirements in legislation directly governing CSOs.

Under the now-repealed NGO Coordination Act, ambiguous provisions were sometimes used to curtail transparency and obstruct the registration of certain NGOs. For example, the NGO Coordination Board could refuse to register an NGO if it determined that the organization’s proposed activities or procedures were not “in the national interest” or if, upon recommendation of the NGO Council (a national umbrella body for NGOs), it concluded that the applicant should not be registered. While the Board sometimes provided applicants with reasons for refusing registration, it was not legally required to do so. In practice, the broad and undefined “national interest” standard was applied in ways that unjustifiably curtailed 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, Sections 6- 13 of the new PBO Act provide clear, straightforward criteria for registering PBOs, along with an explicit timeline for processing registration applications. These provisions significantly improve transparency and reduce opportunities for arbitrary decision-making in the registration process.

Under the Societies Act, however, barriers to formation remain:

• The government has the right to deny registration of societies on vague and ambiguous grounds, thereby inviting arbitrary and subjective decision making. The Registrar of Societies may refuse registration if he has “reasonable cause to believe” that:
  • The society’s objectives are unlawful, prejudicial, or incompatible with the peace, welfare, or good order;
  • The registration of the society would otherwise threaten public peace, welfare, or good order; or
  • The society is affiliated with or connected to any political organization established outside Kenya.
  • Note: Registration may also be denied if the society’s constitution, rules, or name are deemed repugnant to or inconsistent with any law or are otherwise considered undesirable.

• The Societies Act stipulates that any society that is not registered or exempted is unlawful. This means that if ten or more persons associate for any purpose, they are legally required to register their group. Stiff penalties apply for operating an unregistered society. In practice, however, enforcement of this provision is rare.

Section 4 of the new PBO Act makes the government responsible for providing an enabling environment for PBOs to operate, consistent with its obligations under international law regarding the freedoms of association and assembly. PBOs are required to submit their annual activity reports and audited financial returns to the PBO Regulatory Authority (PBORA) within six months of the end of each financial year (Section 31). PBORA has the authority to conduct inquiries to determine whether a PBO’s activities comply with the PBO Act or other laws (Section 42(1)(h)). However, PBORA’s powers to cancel or suspend the registration of a PBO are limited to specific instances and must follow clear procedures designed to safeguard PBOs’ rights (Section 18 and 19).

By contrast, the Societies Act contains several provisions that pose potential barriers for societies:

• The Act gives the Registrar of Societies broad discretion and various government officials sweeping powers to investigate societies, enter and search their premises, and arrest individuals.
• Societies are legally required to keep a register of their members, including their names and dates of admission and exit. Failure to provide membership lists, annual accounts, or other information can result in severe penalties, including fines and imprisonment.
• If a society is alleged to be unlawful, the burden of proof lies with the accused to demonstrate that it is either registered, exempted, or does not fall within the legal definition of a society.

In practice, however, these powers are rarely exercised. Societies generally operate under minimal government supervision, and enforcement of these provisions typically occurs only in rare cases where a group is suspected of engaging in illegal activities.

Overall, Kenyan law provides a relatively enabling framework for CSOs to seek and secure funding. For example:

• Income-generating activities: CSOs are generally permitted to engage in income-generating activities, provided the income is used to further the CSO’s purposes. Such activities must either directly relate to the CSO’s objectives or be carried out on behalf of its beneficiaries. CSOs may conduct these activities directly or through for-profit subsidiaries. In addition, Section 65 of the PBO Act explicitly allows PBOs to engage in lawful economic activities, provided that all income generated is used solely to support their public benefit objectives.
• Tax exemptions: The Income Tax Act exempts CSOs from income tax on gains or profits derived from businesses related to their charitable purposes, so long as the profits are applied solely to those purposes.
• Local fundraising: Traditional resource mobilization through harambees (public fund-raisers) is recognized under Kenyan law, as long as it complies with the Public Collections Act, which is generally enabling. A bill on Public Fundraising Appeals is currently in Parliament.
• Foreign funding: There are no specific legal restrictions on the receipt of foreign funds by CSOs. However, in 2024, the government accused 16 CSOs, including several PBOs, of using foreign funding to support nationwide protests against the Finance Bill, 2024. PBORA subsequently forwarded files of the accused PBOs to the Directorate of Criminal Investigations (DCI) to launch a probe into their operations.
• Government funding: CSOs rarely receive funding from the government.

The PBO Act (Sections 66 and 67) protects PBOs’ ability to engage in research, education, publication, public policy, and advocacy activities. However, these protections coexist with broader legal and practical restrictions affecting civil society expression, particularly online and during public demonstrations.

Cybercrime legislation has been used against journalists and government critics. On March 6, 2026, the Court of Appeal declared Sections 22 and 23 of the Computer Misuse and Cybercrimes Act, 2018, unconstitutional. These provisions criminalized forms of false information. The judgment provided an important safeguard for expression but did not invalidate the entire Act.

Human Rights Watch’s World Report 2026 also documented arrests and cybercrime-related charges against government critics, attacks on journalists, and interference with live coverage of demonstrations during 2025. These practices limit public debate despite constitutional and statutory protections.

Surveillance presents additional concerns. According to a 2026 Kenya Human Rights Commission report, telecommunications network data can enable tracking of individuals and analysis of their contacts without installing spyware on their phones. Such capabilities raise concerns about confidential communications and may discourage activists, journalists, and CSOs from expressing dissent or organizing freely.

The freedom of assembly is protected under Article 37 of Kenya’s Constitution, which states: “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 provides the legal framework for organizing and conducting public gatherings and demonstrations.

Advance Notification

Sections 5(1) and 5(2) of the Public Order Act require advance notification of intent to hold public meetings and public processions. Notification becomes mandatory where an assembly involves 10 or more people. Notification should be provided at least three but not more than fourteen days before the proposed date of the public meeting or procession.

Two practical challenges arise from this framework:

• There is no time limit specified for the regulatory authority to respond to a notification. It is merely assumed that a response should be provided before the date of the proposed assembly.
• The law does not guarantee the right to appeal a denial from the regulatory authority. While case law and specific legal provisions within constitutional and public administrative law allow for legal challenges to oppressive and unreasonable government action, in practice it may not be feasible to reverse a decision in time for the planned assembly—particularly if the notice was submitted close to the proposed date of the event.

Spontaneous Assemblies 

The notification requirement effectively prohibits spontaneous demonstrations. 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.” Participation in an “unlawful assembly” carries a penalty of up to one year in prison.

Time, Place, Manner, and Other Restrictions 

According to Section 5(3), Subsection (2)(b) of the Public Order Act, public assemblies are limited to the hours between 6:00 a.m. and 6:00 p.m.

Simultaneous Assemblies 

Sections 5(2) and 5(4) of the Public Order Act prohibit more than one demonstration taking place on the same day, at the same time, or at the same venue or route. This effectively prohibits counter–demonstrations. However, authorities may approve alternative dates, times, and routes for other assemblies.

Enforcement 

Since 2011, numerous demonstrations have resulted in clashes between demonstrators and police and military personnel. Law enforcement has frequently been accused of using excessive force to disperse gatherings and intimidate participants, including vulnerable groups, such as internally displaced persons (IDPs). These concerns have been amplified by widely circulated videos showing police brutality against demonstrators.

Parliament questions delays in joining Budapest Convention (October 2026)
Members of a parliamentary committee questioned Kenya’s delay in joining the Budapest Convention on Cybercrime. Government officials reported that Cabinet had approved the proposed accession and that public participation was underway in partnership with Mzalendo Trust. Discussions addressed international cooperation and access to electronic evidence, while legislators also questioned the relationship between the Budapest Convention and the newer United Nations cybercrime convention.

Government establishes nonprofit terrorism-financing working group (September 2026)
The government formed a multi-agency working group through Gazette Notice No. 14153, published on September 4, 2026. The group will coordinate the identification and risk-based monitoring of nonprofit organizations vulnerable to terrorism financing, promote awareness, and facilitate cooperation among relevant agencies. PBORA will serve as its secretariat.

Senate invites submissions on Public Participation Bill (September 2026)
The Senate’s Standing Committee on Justice, Legal Affairs and Human Rights invited written memoranda on the Public Participation Bill, 2025. The Bill proposes a framework for effective public participation, guiding principles for institutions conducting consultations, and identification of authorities responsible for developing institutional participation guidelines. Submissions were due by September 28, 2026, at 5 p.m.

Research examines telecommunications surveillance in Kenya (September 2026)
Research publicized by the Kenya Human Rights Commission found that mobile network data can reveal individuals’ movements, communications and relationships. The report explains that historical tracking, live tracing and analysis of contacts can occur without installing spyware on a person’s phone. The research forms part of the Disruption Network Institute’s project on artificial intelligence, technology companies and militarization.

How proposed Public Participation Bill could give Kenyans powers to challenge ignored views (August 2026)
Rarieda MP Otiende Amollo has explained how a proposed Public Participation Bill could give Kenyans a legal avenue to challenge decisions where their views are collected during public participation but are ultimately ignored. Speaking during an interview with a local television station, Amollo said the proposed legislation seeks to address growing frustration among Kenyans who take part in public participation exercises but rarely see how their views influence government or parliamentary decisions. Amollo said the Bill would require institutions conducting public participation to go beyond simply collecting citizens’ opinions and demonstrate how those views were considered.

Kenya publishes draft AI policy for public consultation (July 2026)
Kenya’s Ministry of Information, Communications and the Digital Economy has opened public participation on the Draft Artificial Intelligence and Other Emerging Technologies Policy, 2026, with Kenya’s State Department for Parliamentary Affairs issuing the call. The draft policy proposes a national framework covering governance, development, deployment and use of AI across all sectors, including a new National AI and other Emerging Technologies Council. The council is to be led by an AI and other Emerging Technologies Director supported by a Governing Board, a Technical Advisory Forum and five specialized Directorates responsible for different areas of governance. Written public submissions for the consultation are due by August 4, 2026 (twelve days from the announcement).

State tightens rules on AI use of Kenyans’ data (July 2026)
The government has unveiled the first national policy on artificial intelligence, introducing new safeguards on use of citizens’ data. The policy also lays the ground for wider adoption across banking, healthcare, education, farming and public services. The policy came as AI is being adopted for everyday services, from digital lending and job recruitment to medical diagnosis and customer support.

Thousands of NGOs automatically transition to new PBO framework under full law rollout (May 2026)
Thousands of organizations previously registered as NGOs in Kenya will now automatically operate under the Public Benefit Organisations (PBO) framework following the full implementation of the PBO Act, 2013, the Public Benefit Organisations Regulatory Authority (PBORA) has announced. In a statement, the Authority said the transition marks the beginning of the operational phase of the long-awaited law, following the publication of the PBO Regulations, 2026, on March 18, 2026, and their approval by Parliament’s Committee on Delegated Legislation on April 9, 2026.

Court of Appeal Nullifies Sections of Cybercrimes Act (March 2026)
The Court of Appeal of Kenya has declared Sections 22 and 23 of the Computer Misuse and Cybercrimes Act unconstitutional, citing vagueness and the risk of criminalizing innocent individuals. A three-judge bench comprising Korir Weldon Kipyegon, Aggrey Muchelule and Patrick Kiage overturned the provisions, arguing that their broad wording could easily be misused. Under Section 22 of the Act, a person who intentionally publishes false, misleading or fictitious data or misinformation with the intention that it be considered authentic commits an offence punishable by a fine of up to Sh5 million or imprisonment for up to two years, or both.

High Court Declares ‘Creating Disturbance’ Law Unconstitutional in Landmark Freedom of Expression Ruling (February 2026)
The High Court has struck down Section 95(1)(b) of the Penal Code, effectively abolishing the criminal offence of creating disturbance in a manner likely to cause a breach of peace. In a landmark ruling, Justice Bahati Mwamuye ruled that the provision is broad, vague, and incompatible with the Constitution, and directed law enforcement agencies to immediately cease its enforcement. Previously, the offence carried a maximum penalty of six months’ imprisonment. The Law Society of Kenya (LSK) successfully challenged the law, calling it a colonial-era relic that violates the constitutional right to freedom of expression.

Civil society threaten court action over “flawed” by-elections (December 2025)
A coalition of CSOs has threatened to challenge the recent by-elections in court, claiming the November 27 polls were marred by widespread irregularities that undermined Kenya’s democratic processes. The Kenya National Human Rights Commission (KHRC), Transparency International – Kenya (TI-Kenya), the Independent Medico-LegalUnit (IMLU), and Siasa Place issued the warning during a joint press conference, arguing that the conduct of the polls peeled back “the veneer of a functioning democracy.”

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)

Kenya’s Supreme Court declares BBI unconstitutional (March 2022)

Gov’t Warns Over 7,000 NGOs Of De-Registration Over Non-Compliance (March 2022)

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)

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)

House agrees to repeal law on injustices (April 2010)

From the early 1920s to 1963, CSOs played a prominent role in Kenya’s struggle for independence. Following independence, and through the late 1970s, many CSOs worked closely with the government, complementing its efforts to deliver essential services.

Dynamics shifted in the 1980s and 1990s. As Western donors increasingly tied economic support to good governance and democratization, CSOs intensified their demands for a multiparty political system, constitutional reform, and greater government accountability. Their advocacy contributed to the political changes culminating in the 2002 elections and helped advance political rights and broaden democratic participation.

The change in government following the 2002 elections brought improved relations between the government and CSOs, including more meaningful dialogue and increased engagement. At the same time, CSOs pursued initiatives to strengthen their own competence, sustainability, and credibility. These included efforts to develop sector-wide standards for professionalism and accountability, such as the self-regulation certification initiative Viwango (a Swahili word meaning “standards”).

The adoption of the 2010 Constitution provided a new framework for public participation, and litigation subsequently helped clarify its requirements. Several court decisions in 2013 examined their scope and implementation:

• In National Gender and Equality Commission v Independent Electoral and Boundaries Commission (IEBC) & Another [2013] eKLR, the court found shortcomings in the IEBC’s measures to promote the participation of vulnerable groups in the electoral process.
• In Law Society of Kenya v Attorney General & 2 Others [2013] eKLR, the court rejected a challenge alleging inadequate public participation in the enactment of the Statute Law (Miscellaneous Amendments) Act, 2012, finding that the petitioner had not sufficiently established the alleged deficiency.
• In Commission for the Implementation of the Constitution v Parliament of Kenya & Others [2013] eKLR, the court declined to invalidate the Leadership and Integrity Act on public participation grounds, citing insufficient evidence concerning the alleged shortcomings in the legislative process.
• In Moses Munyendo & 908 Others v Attorney General & Another [2013] eKLR, the court rejected a challenge to the Crops Act and the Agriculture, Fisheries and Food Authority Act, finding that the petitioners had not established inadequate public participation.
• In Nairobi Metropolitan PSV Saccos Union Limited & 25 Others v County of Nairobi Government & 3 Others [2013] eKLR, the court found that adequate public participation had occurred before the adoption of the contested parking levies.

Public consultation also featured in the development of Kenya’s national AI strategy in 2024–2025. As part of a broader ICT sector reform process, the Ministry of Information, Communications and the Digital Economy invited public and stakeholder comments on the draft Kenya National AI Strategy. The Ministry also convened a workshop on January 28, 2025, to refine the Kenya AI Statement of Principles. In March 2025, it launched the Kenya AI Strategy 2025–2030, setting out a framework for using AI to support socioeconomic development.