New bill proposes mandatory licensing for public fundraising
By Cynthia Atuo, September 3, 2024
State and public officers will soon need a license to hold fundraisers should a new law proposed to Parliament become law.
The Public Fundraising Appeals Act 2024, was introduced by Kericho Senator Aaron Cheruiyot (pictured) and will be presented to the Senate for approval. The Bill seeks to establish a regulatory framework for fundraising appeals for accountability and transparency. It therefore introduces strict oversight over local and national harambee.
Of the proposed changes, a person shall not conduct a public fundraising appeal unless they have applied for, and obtained a permit per the provisions of this Act.
Additionally, the Cabinet Secretary will have oversight of all fundraising appeals including permit applications and investigations on the misuse of funds.
“A person who intends to conduct a public fundraising appeal shall submit to the Cabinet Secretary or the respective county executive committee member, as the case may be, an application for a permit at least fourteen days before the date for the conduct of the fundraising appeal,” reads part of the proposed bill.
Requisites for fundraisers will include the full names and address of the person intending to conduct the fundraising appeal, the purpose of the fundraising appeal, and the necessity of conducting the fundraising appeal. You will also need to provide the date for the fundraising, names and contact details of the persons assisting in conducting the appeal, target amount to be raised, estimated expenses, place of collection, and expected timeframe for the appeal.
A statement regarding whether any monies have been received with respect to the matter pertaining to the fundraising appeal from any person prior to the date of the proposed fundraising appeal will also be needed.
A permit shall automatically expire upon the conduct of the fundraising appeal to which the permit issued relates. Should one commit an offence under the proposed bill, they will be fined two million shillings or face a jail term not exceeding three terms, or both.
“The objects and purposes of this Act are to provide a regulatory framework to protect the public from fraudulent, misleading and coercive fundraising appeals and provide a framework to ensure that the public has sufficient information to make informed decisions in making voluntary contributions by this Act.”