Jubilee's formula on antipathy to civil society

Gatundu South MP Moses Kuria, the sponsor of the Public Benefits Organisations Act. The lawmaker has often said he was looking out for the interests of Kenyans by calling for transparency of the NGO funds. [PHOTO: FILE/STANDARD]

NAIROBI: The Jubilee Government spent part of this year trying to figure out a formula to deal with growing antipathy towards non-governmental organisations (NGOs).

It was not lost to many that the International Criminal Court cases were built on evidence and witnesses submitted by civil society groups, besides their involvement in activism that brought them into direct conflict with the State on areas like security and civil rights.

President Uhuru Kenyatta's remarks during Mashujaa Day celebrations last October elicited a lot of concern that the Jubilee administration was out to weaken civil society groups.

Uhuru declared that his Government would demand transparency of resource mobilisation from outfits which he said are funded by foreigners to destabilise the country.

The anxiety was then heightened by fresh amendments to the Public Benefits Organisations (PBO) Act sponsored by Gatundu South MP Moses Kuria, which if adopted would seek to limit foreign funding of NGOs to 15 per cent, among other provisions.

The Government dismissed the claims. Devolution Cabinet Secretary Anne Waiguru said the clause only seeks to create a sense of accountability.

"The organisations receiving above the set percentage need to seek clearance with the National Treasury for purposes of accountability. No one is limiting the funds they receive," said Waiguru, adding that it was a simple threshold above which organisations need to explain where their resources were received from.

PROPOSED CHANGES

Following an outcry by the organisations, the State, under the Devolution ministry, recently launched a task force on the proposed amendments.

The team, composed of members from both civil society and Government, is expected to submit a report to Waiguru after three months.

"The task force will receive views from stakeholders on the proposed amendments, monitor the legislative process of amending the Act and advice me on the implementation of the amended Act," said Waiguru during the launch.

The 11-member team comprising of Jennifer Shamalla, Gerald Macharia, Fazul Mahamed Yusuf and Sarah Muhoya, among others, gazetted October 30, 2014, will be headed by nominated MP Sophia Abdi Noor.

Ms Noor, who is also the pioneer of the PBO Act 2013, said they would engage extensively to ensure they come up with balanced recommendations.

"We will be open, transparent and committed to the course. We will engage everyone in constructive dialogue and look at all issues that will be raised and advice the CS on the best solution that will be of benefit to the public," she said.

The Gatundu South MP has always maintained he was only looking out for the interests of Kenyans by calling for transparency of funds.

But according to National Civil Society Congress (NCSC) President Morris Odhiambo, the Government was out to portray civil societies in bad light.

"A lot of things that have been said are not genuine; they are wrongly portrayed as not being transparent and only being vested on their own selfish gains," said Odhiambo in a phone interview with The Standard.

He said civil society groups had always been accountable to the public on projects and funds being used.

"They are taking us back to the dictatorial past," he said, referring to the controversial Security Laws (Amendments) Bill that has already attracted intense opposition from various quarters.