Govt to withdraw proposal to limit funding for NGOs

The Leader of Majority in Parliament Aden Duale during a past interview. To him, the Jubilee Government is God’s miracle, and it is his duty to worship in its shrine, a duty he said he would execute at all costs. FILE

What you need to know:

  • National Assembly Majority Leader Aden Duale said he would delete the controversial NGO amendment and also two proposed changes touching on the membership of the Salaries and Remuneration Commission
  • The amendment targeting the Public Benefit Organisations Act attracted opposition from the legislators who said it would be more disastrous to limit funding for NGOs.

The government has bowed to pressure and agreed to withdraw a proposal to cap foreign donor funding for non-governmental organisations.

It is also set to withdraw two other contentious proposals contained in Statute Law (Miscellaneous Amendments) Bill, 2013 that had attracted public disapproval after they were labelled unconstitutional.

National Assembly Majority Leader Aden Duale (URP), the government representative in the House, said he would delete the controversial NGO amendment.

Two proposed changes touching on the membership of the Salaries and Remuneration Commission and another on the appointment of the Inspector-General of Police and the two deputies would also be deleted.

“I will withdraw the proposal on SRC, PBO and national police service act which is clearly unconstitutional. I’m a good recipient of the donors’ money. We make laws for posterity. We will do a consensus on other contentious clauses before we move one” Mr Duale told the House when the Bill was brought for its Second Reading.

The Attorney-General Githu Muigai also came under fire from MPs who accused him of trying to change the Constitution through a miscellaneous Bill now before the House.

The lawmakers rejected the proposed law saying most of the proposals carried by the omnibus Bill were injurious to the Constitution.

Prof Muigai was also criticised for proposing substantive changes to statute laws as opposed to forwarding minor changes that would not change the core meaning of the existing laws.

Members from both coalitions opposed the Bill dealing a blow to the proposed law that carried more than 49 amendments to various laws.

“I am shocked and perturbed by what the AG has proposed in this law. I do not understand why the AG who is schooled in law could bring such amendments that are clearly unconstitutional,” said Suba MP John Mbadi (ODM).

The amendment targeting the Public Benefit Organisations Act attracted opposition from the legislators who said it would be more disastrous to limit funding for NGOs.

“If we cap the money received by these organisations then we risk suffocating them and those people who entirely depend on them for survival,” said Mukurwe-ini MP Kabando wa Kabando (TNA).

“The AG wanted to sneak these provisions because he knows most of us are new in this House and we could have passed. Most of us have benefited one way or another from assistance from NGOs,” said Wesley Korir (Independent).

The AG wanted to delete the provision in the National Police Service Act that requires observance of gender parity in the appointment of the Inspector-General of Police and the two deputies.

“This is annoying and unacceptable. It takes us back several years and above all is unconstitutional,” said Kandara lawmaker Alice Muthoni (TNA).

Prof Muigai also proposed that SRC members be employed on a full time basis but the lawmakers fiercely opposed it.