New Regulations Give NCTC Sweeping Powers Over NGOs and CSOs

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Nyakundi Report

Newsroom 2 min read

Primary source Kenyan Digest archive

This archive report was first published on 9 August 2019.

On July 5, the President signed into law the Statute Law (Miscellaneous Amendments) Act, which amends the Prevention of Terrorism Act to give the National Counter Terrorism Center (NCTC) sweeping powers over NGOs and CSOs involved in preventing and countering extremism and radicalization.

The new regulations have drawn a sharp reaction from NGOs and CSOs, who claim they are draconian and unconstitutional.

According to the amendments, the NCTC will be the approving and reporting institution for all NGOs and CSOs engaged in preventing and countering extremism and radicalization. This means that community-based organizations involved in countering violent extremism (CVE) will be brought within the purview of the NCTC.

Opponents of the new regulations claim that they infringe on the right to hold confidential information regarding their activities. However, the State is the primary custodian of public safety and security, and it logically follows that it has a right to be informed of the identity and activities of non-state actors in CVE.

Insisting on confidentiality only serves to fuel mistrust among various actors in the fight against extremism and terror.

The new rules should be seen as a mechanism to make the CVE space more transparent by weeding out elements likely to undermine public safety and national security under the guise of being bona fide NGOs and CSOs.

Violent extremism is a sensitive subject that requires a multi-faceted approach involving all stakeholders. Given its far-reaching social, economic, political, and security implications, it is essential to have a framework in place to regulate the activities of NGOs and CSOs involved in CVE.

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