PBO ACT: NGO Officials Face KSh 300k Fine In New Law


Interior Cabinet Secretary Kithure Kindiki on Monday, May 13 announced that the Public Benefit Organisation (PBO) Act will take effect from tomorrow after President William Ruto enacted it last week.

Kindiki explained that the new law outlays a framework for the registration and regulation of civil entities which are operating in Kenya. He further explained that an all-inclusive, participatory and open society is good for Kenya.

“Gratified to see the fulfilment of yet another of the Kenya Kwanza Administration’s pre-election manifesto pledges; namely, the promotion of inclusive and participatory governance, fostering accountability and welcoming alternative or even critical viewpoints,” he stated.

Kenyans.co.ke takes a look at the offences and penalties outlined for those who contravene the act.

Interior Cabinet Secretary Kithure Kindiki speaking during a press conference in Machakos County on March 22, 2024.

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Kithure Kindiki

Offences and Penalties
Any official who forges or alters any document to be registered commits an offence.

Anyone who makes any false statement in the application for registration also commits an offence.

Per the Act, those who make any false statement in any document submitted to the Public Benefit Organizations Regulatory Authority also commit an offence.

If an official fraudulently holds out any organisation as being registered under this act commits an offence.

Conclusively, anyone who fraudulently makes use of the registration number, certificate, or information contained in a registration certificate commits an offence and faces a fine.

According to the act, anyone found guilty of the above five offences is liable to a Ksh300,000 fine, two years imprisonment or both.

Additionally, NGO officials face a Ksh50,000 fine or two-year imprisonment or both for the following offences when summoned by the Tribunal;

If the person who without sufficient cause refuses or fails to attend at the time and place mentioned in the summons served to him

If the official fails or refuses to answer or to answer fully and satisfactorily all the questions lawfully put to him by or with the concurrence of the Tribunal.

If a person does not produce any records, books or accounts, statements or documents in his possession which are required about the summon.

A file photo of man in hand cuffs

Photo

Nation



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