Publication: The operational environment and contraints for NGOs in Kenya :strategy for good policy and practice
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International Environmental Law Research Centre
Abstract
The qualitative and quantitative growth of NGOs in Kenya over the last quarter of the 20th century has been
enormous. For instance, NGOs registered a cumulative growth of over 100% between 1977 and 1987.
1
By 1995
there were at least 23,000 women’s organizations in the country.
2
Most of these organizations are registered
under the Ministry of Culture and Social Services. Those NGOs that are registered by the NGO Coordination
Bureau (under the Offi
ce of the President) are at least 1441 compared to only 250 in 1993
.
3
Vibrant and secure civic organizations often play a vital role in society. It is not surprising therefore that the
move to liberalize laws with a view to permitting and encouraging civic organizations has resulted in a trend
described as the “new scramble in Africa” and Kenya exemplifies this trend.
4
The main proponents of the move
towards greater participation of these organisations base their arguments on the need to protect associational
rights. There have been however, on the other hand, a school of thought that postulates the essential need to
protect the public from the real and perceived abuses and frauds by unscrupulous organizations. Thus the universal problem of regulation of civic organisations arises.
This paper considers the regulatory concerns confronted by the various stakeholders (NGOs, governments,
funders, international agencies for instance) seeking to encourage the growth and development of independent
legitimate civic organizations in Kenya. Given the compelling reasons for encouraging the activities of NGOs
in Kenya, we argue in this paper that it is necessary to promulgate sensible laws, regulations and administrative
systems in Kenya. We trace the evolution of civic organizations, the evolution of legal systems to support the
sector and identify practical difficulties that these organisations have encountered in their operations. By drawing on various experiences on legal fiscal and regulatory structures around the world we develop and propose
a set of recommendations and policy options that will permit, encourage and regulate the existence of civic
organizations in Kenya and their meaningful participation in the development process.
Description
IELRC working paper 2000 - 2
Keywords
NGOs, policies, strategy, Kenya