The Public Benefit Regulatory Authority has forwarded a report along with the names of certain organizations to the Directorate of Criminal Investigations (DCI) for investigations.
According to the authority’s chairperson, Mwambu Mabonga, the move targets Public Benefit Organisations that are currently functioning without the necessary registration and are suspected of receiving funds that may not be properly accounted for.
Mabonga emphasized the importance of this step, stating that the DCI will provide a way forward after doing their investigations.
"The authority has further forwarded to the DCI for further investigations of the said organization PBOs that are currently in operation without obtaining prerequisite registration and yet the PBO in question is receiving funding that may not be accounted for. We have done the notes as required and forwarded them to the DCI," Mabonga explained.
Mabonga clarified that the role of the authority does not extend to investigating the criminal aspects of these organizations.
"It is not us to look at the criminal side of the organization, that is why we forwarded our recommendation to DCI and I am sure the DCI will give us a way forward about them," he added.
For clarity, Mabonga noted that out of the 16 organizations listed in correspondence by the Principal Secretary in the State Department for Foreign Affairs Korir Sing'oei, only three are registered under the Public Benefit Organisation Act 2013. These are the Kenya Human Rights Commission, SHOFCO, and Transform Empowerment for Action.
The remaining organizations are registered with the Registrar of Societies and Companies.
On the controversy around the Ford Foundation, Mabonga distanced himself from the organisation, clarifying that it is registered under the Public Benefit Regulatory Authority.
"Ford Foundation is not registered under us, it is under the operation of an international treaty with the host country and that is why the PS foreign affairs were able to write to them and point out that within this period, we saw this kind of transaction and that is why they are making the follow-up. My board and I have no authority over the foundation because it is not registered under us,” the chairperson clarified.
Mabonga also highlighted the need for unified registration to enhance supervision of the Non-Governmental Organisations.
"However, moving forward, all organizations engaging in public benefit in Kenya shall be required to either obtain public benefit status as provided for under section 7 and/or register with the authority under sections 10 and 11 of the PPO Act 2013. We are requesting that all of them should be registered under one umbrella for proper supervision," he stated.
The Public Benefits Regulations Authority formerly known as the NGO Coordination Board, was established under section 34 (1) of the PBO Act 2013.
It holds the broad mandate of registering and regulating public benefit organizations within Kenya.
