Democracy Is Infrastructure

Kenya's civil society compliance gap is not a story about organisations evading registration. It is a story about a registration system designed for organisations with lawyers — and what changes when the infrastructure to navigate it finally exists.

The PBO Act 2013 is better legislation than what it replaced in almost every respect. Registration rates did not meaningfully improve after it passed. The failure mode in African regulatory reform is almost never the quality of the law. It is the absence of the translation layer that makes the law navigable.

International donors' due diligence requirements are producing compliance pressure the Kenyan state has never consistently applied. The organisations that cannot meet them are increasingly the ones doing the most essential ground-level work. Nobody designed this outcome. Understanding it is the first step to addressing it.