Kenya: Court Declares Parts of Public Benefit Organizations Act Unconstitutional
Nairobi — The High Court has delivered a landmark judgment striking out several contentious sections of the Public Benefit Organizations (PBO) Act, 2013, citing violations of constitutional rights, including freedom of association, the right to privacy, and the right to fair administrative action.
The ruling, delivered in Petition No. E519 of 2024, follows a challenge by civil society leaders David Calleb Otieno, Suba Churchill, and Timothy Odhiambo Mwololo, who argued that multiple provisions of the Act undermined the autonomy and democratic functioning of non-governmental organizations (NGOs).
Central to the petition was the requirement under Paragraphs 5(1) and 5(2) of the Act that all NGOs registered under the repealed NGO Coordination Act must reapply for registration as PBOs.
The Court declared this unconstitutional, stating that “the requirement for fresh registration is an unjustified, unreasonable, and procedurally unfair limitation on the freedom of association and administrative justice.”
Further, it nullified Section 32 of the Act, which compelled PBOs to disclose sensitive personal data. The judge found the provision overly broad and lacking in safeguards, ruling that it “violates Article 31(c) of the Constitution by unjustifiably intruding upon the privacy of individuals involved in public benefit organizations.”
In a sweeping verdict, the Court also invalidated the structure of the PBO Authority’s Board, the Federation’s mandatory membership clause, the PBO Tribunal’s appointment process, and vague restrictions on forum recognition, directing Parliament to align the Act with constitutional standards.
By Capital FM.
