The Kenya Platform for Climate Governance (KPCG) has welcomed the gazettement of the Public Benefits Organizations Regulations, 2026, terming them a significant step in strengthening governance within the public benefit sector.
In a statement, KPCG said the regulations gazetted on March 18th 2026, provide a detailed framework for the operationalisation of the PBO Act, including the management, oversight, registration, suspension, cancellation, and reinstatement of public benefit organisations.
They aim at streamlining how non-profits operate, setting clear rules for registration, governance, and oversight.
KPCG noted that the Regulations provide an important framework for the operationalization of the PBO Act 201, the management and oversight of public benefit organizations, criteria for registration, suspension, cancellation and reinstatement, and coordination of forums and federations.
Similarly, the organisation says that several issues it raised in its 17 July 2025 memorandum are now reflected, at least in part, in the final Regulations.
The issues included the introduction of an interpretation section to reduce ambiguity, clearer recognition of forums and federations as self-regulation structures, and stronger procedural safeguards around suspension and cancellation.
KPCG said it had specifically proposed a definitions section because the draft regulations used key terms such as forum, federation, sustainability activity, minor change, and winding up without operational clarity.
The Regulations now include an interpretation clause defining terms such as forum, federation, permit, register, and asset, which is a meaningful governance improvement even though not all of KPCG’s proposed definitions were adopted.
Further, KPCG lauded the structure now provided for self-regulation forums and federations of forums.
They expressly allow registered PBOs to join self regulation forums, set recognition thresholds, require constituting documents and codes of conduct, and provide procedures for recognition of both forums and federations.
This gives greater distinction and structure to sector coordination and peer accountability.
On sustainability, KPCG notes that the final Regulations now expressly allow PBOs to engage in lawful income generating activities to support their public benefit purposes, provided that the necessary licenses and permits are obtained, sound financial and business practices are applied, and proceeds are used solely to advance the public benefit activity for which the organization is registered for.
This partly reflects KPCG’s proposal for clearer protection of advocacy and income-generating activities aligned to organizational objectives and public benefit mission.
Additionally, KPCG notes that the Regulations strengthen governance and compliance by requiring up-to-date records, annual reporting, notification of material changes, and reporting of changes affecting forums and federations.
The final text also provides for prior notice before suspension or cancellation, restoration and reinstatement procedures, and a right of appeal to the Tribunal.
“The gazetted regulations mark a new era and an important progress for the public benefit sector in Kenya,” says National Coordinator of KPCG, Faith Ngige. “They reflect part of what the sector has consistently advocated for clearer definitions, stronger self regulation structures, better procedural safeguards, and clearer recognition of sustainability through lawful income-generating activities. What now matters most is implementation, member education and awareness, and practical support during the transition.”
In KPCG’s assessment, the likely impact of these changes is to improve legal certainty, reduce room for inconsistent administrative action, strengthen sector governance and peer accountability, and provide more practical space for organizational sustainability.
At the same time, effective implementation support will be essential so that members understand the new requirements on registration, reporting, material changes, and self-regulation structures, and so that transition is managed in a way that strengthens rather than constrains public interest work.
KPCG is now calling on the relevant authorities and sector leaders to prioritize implementation, awareness creation, compliance guidance, and member support during transition, while ensuring that the Act and Regulations are applied in a manner that strengthens transparency, accountability, participation, and civic action in the public interest.
