Need to rethink role of local charities in the devolved system of governance

What you need to know:

  • Recognising that not all NGOs are bad and that many were doing great work in supporting government development efforts, the statement went on to announce the deregistration of 510 NGOs.
  • The bank accounts of these organisations were frozen and their assets, the statement said, would be confiscated and re-distributed to “other NGOs pursuing similar charitable objectives”.
  • If the objective of devolution is to facilitate equitable distribution of resources to all regions of the country — including the previously neglected regions — should NGOs continue to source funds and operate independently of the government or should their activities now be subjected to some approval process to ensure consistency with the priorities and plans of the county governments?

The surprise deregistration of more than 500 non-governmental organisations by the government provides an interesting opportunity for sober debate and a rethink on the role of NGOs in Kenya.

On December 16, the NGOs Coordination Board, whose mandate is to register, regulate, coordinate, and facilitate NGO operations in Kenya, issued a statement that sent shockwaves in the development community.

The statement, signed by Mr Fazul Mahamed Yusuf, the board’s executive director, announced that the government was taking action against “a few NGOs that have continued to flout the law by engaging in illegal activities or failing to comply with their compliance obligations”.

The statement said that some NGOs operating in the country have been used for criminal activities.

Recognising that not all NGOs are bad and that many were doing great work in supporting government development efforts, the statement went on to announce the deregistration of 510 NGOs.

FROZEN BANK ACCOUNTS

The bank accounts of these organisations were frozen and their assets, the statement said, would be confiscated and re-distributed to “other NGOs pursuing similar charitable objectives”.

In addition to this, the board announced that the work permits of all expatriate personnel working in the affected organisations would be revoked with immediate effect.

I am quite certain that many of the NGOs on the deregistration list are briefcase operations that probably do not even have offices or activities worth talking about.

People create NGOs for all manner of reasons and to be honest, many of the organisations exist purely to provide a source of income for those who created them.

However, as the government statement acknowledged, not all NGOs are bad. Millions of Kenyans would testify that they would not have enjoyed such basic rights as education, healthcare, shelter, drinking water, and economic opportunities if it were not for NGOs.

Non-governmental organisations have served in places the government was either unable or unwilling to go. They have fed people, created channels for innovative solutions to social challenges and brought healing to communities in conflict.

In this regard, the government would be making a grave mistake to demonise NGOs or send signals to the donors that support them that they are not welcome in Kenya.

UPHOLD THE LAW

The NGOs Coordination Board must not only uphold the law, but it must be seen to respect existing mechanisms and institutions in its decision-making.

A good example is in its apparent disregard of the Directorate of Immigration and Registration of Persons, which is solely responsible for issuing and revoking work permits in Kenya.

Besides these important legal and administrative issues, even bigger questions arise in relation to the role that NGOs should play in the emerging Kenya.

As the country transitions to a devolved system of government, what changes should we expect in the NGO sector?

If the objective of devolution is to facilitate equitable distribution of resources to all regions of the country — including the previously neglected regions — should NGOs continue to source funds and operate independently of the government or should their activities now be subjected to some approval process to ensure consistency with the priorities and plans of the county governments?

These questions are bound to make some people uncomfortable, but they point to the need for a complete mental overhaul in how we perceive development and how prepared we are to listen to one another and collaborate more in the creation of the Kenya we want.

NGOs that break the law or which are found to be working against the country’s interests should not be allowed to operate in Kenya.

That much is clear. But in weeding out these bad elements, let us find common ground in devising how best to leverage the contribution of NGOs for the good of the country. An important step in this direction would be for the government to soften its authoritarian and sometimes hostile tone and adopt a conciliatory posture that embraces inclusivity and openness in the important dialogue on NGOs in Kenya.

Mr Ondeng is an economic development expert, author, and public speaker. ([email protected])