In a near-unanimous decision, Senators have rejected the Public Fundraising Appeals Bill, 2024, citing its potential to erode the traditional spirit of harambees that has fostered unity and mutual assistance in Kenyan communities for decades.
The Bill sought to introduce stringent measures regulating fundraising activities, including barring political aspirants and state officers from participating in harambees. However, lawmakers argued that the proposed law would dismantle a long-standing culture of communal support and goodwill.
Key Provisions of the Bill
The Public Fundraising Appeals Bill, 2024 included several controversial proposals:
Prohibition on Political Aspirants: Bars political aspirants from engaging in fundraising activities three years before a general election.
Restrictions on State and Public Officers: State officers and appointed public officers would be prohibited from spearheading fundraisers while in office.
Exemptions for Religious Contributions: Tithes and offerings in places of worship are exempt from the regulations.
Permitted Private Fundraisers: The Bill allows private fundraising for family causes under specified conditions.
Permit Requirement: Organizers must secure a permit before holding fundraising drives.
Vetting of Venues and Organizers: Authorities would vet both the venue of the event and the organizers.
Declaration of Purpose and Target Amount: Organizers must declare the reason for the harambee and the intended amount to be raised.
Mandatory Financial Reporting: Organizers must file a financial report with the government within three months of the fundraiser.
Source Declaration by Contributors: Contributors would need to declare the sources of their donations.
Senators’ Reactions
The Senators dismissed the Bill as an attack on Kenya’s culture of giving, arguing that harambees have long been a lifeline for education, medical bills, and other pressing community needs. They emphasized that the restrictions would weaken the “brotherhood” spirit, which has been integral to the country’s social fabric.
“This Bill seeks to regulate generosity, which is something inherent to us as a people. It cannot be legislated away,” remarked one Senator during the debate.
The Way Forward
The rejection of the Bill highlights a strong resistance to efforts perceived as undermining traditional communal values. Senators have called for alternative approaches to regulate fundraising without stifling the culture of giving.
