KNCHR report warns of back-door crackdown on civic engagement
By Aloys Michael, August 13, 2025Kenya’s civil society is facing a slow but steady squeeze, with red tape and funding restrictions threatening to weaken the work of community-based and non-governmental organisations, especially during politically sensitive periods like elections.
A new report by the Kenya National Commission on Human Rights (KNCHR) warns that despite constitutional guarantees for freedom of association, a mix of bureaucratic hurdles, restrictive laws, and funding controls has created back-door barriers to civic engagement.
According to the report, the process of registering an organisation remains “rigorous and strenuous,” with some community-based organisations (CBOs) facing added restrictions under the Community Groups Act (CGA).
The CGA, enacted in 2022, limits how CBOs define themselves and imposes restrictions that KNCHR notes are currently the subject of a High Court challenge.
“These limitations on community-based organisations undermine the spirit of Article 36 of the Constitution,” the report states.
The registration bottlenecks have forced some groups to operate informally, which the Commission says exposes them to legal and operational vulnerabilities, and in some cases, outright deregistration.
Election-period funding freeze
Perhaps the most striking example of state control over civic space came in July 2021, 2025, when the Ministry of Foreign Affairs issued a note verbale to foreign embassies.
The letter directed that any foreign funding to civil society during the election period should only be provided upon an official expression of need by the Kenyan government.
“This requirement effectively gave the State veto power over funding flows to non-state actors at a critical democratic moment,” the report observes.
“Without clarity, organisations are left in a legal limbo, unsure of compliance requirements and vulnerable to administrative action.”
KNCHR argues that the combination of restrictive laws, unpredictable legal changes, and funding controls creates a hostile environment for associations.
“These measures, whether through legislative design or administrative practice have a chilling effect on the ability of associations to freely operate, especially those engaged in governance, human rights, and electoral accountability,” the report states.
It also notes that smaller, rural-based organisations are hit hardest, as they lack the resources to navigate complex registration processes or to absorb the shock of sudden funding freezes.
The Commission is urging the government to review and amend restrictive provisions in the CGA and PBO Act in line with the Constitution. It also calls for the removal of funding approval requirements that “interfere with the independence of associations.”
“Civil society is a key partner in democratic governance. Ensuring its freedom and sustainability should be a priority, not a privilege,” the report insists.
KNCHR further recommends a simplified, transparent registration process, clear compliance guidelines, and legal safeguards against arbitrary deregistration.