The Inadequacies in the legal and regulatory framework on accountability of NGOs in Kenya

Abstract

NGOs play a significant role in advancing development in Kenya. Over the years there has been significant growth in the NGO sector. While this is good, trouble begins where there are no adequate accountability measures in place to regulate the sector. The rift between the growth in the NGO sector and the accountability mechanisms has led to an increase in demands for accountability in the sector. This thesis is meant to determine the status of NGO accountability within the country and begins by considering the current state of affairs. It analyses the existing legal and regulatory frameworks on accountability and proceeds to examine their impact in order to determine the adequacy of the provisions. Research was conducted with reliance on the stakeholder theory which advocate for the inclusion of all relevant parties and due consideration of the interests of all parties in all governance structures. It was revealed through the extensive research done that there are a number of inadequacies in the law in relation to accountability. The inadequacies revolve around the lack of clarity as to the what, why and who of accountability measures. It also explores the extent to which key accountability mechanisms such as self-regulation, participation and social auditing are incorporated into existing structures. Upon establishing the inadequacies, a comparison with South Africa follows to determine whether the South African NGO sector has in place a proper accountability framework to guide the operations of NGOs. In conclusion, the research outlines the shortcomings identified providing viable recommendations to curb each problem in efforts to implement holistic accountability measures in the sector.