NAIROBI, Kenya– The High Court has issued a landmark ruling invalidating key parts of the Public Benefit Organizations (PBO) Act of 2013, citing significant breaches of constitutional liberties such as the right to privacy, freedom of association, and fair administrative procedures.
The decision stems from a case Petition No. E519 of 2024 filed by civil society activists David Calleb Otieno, Suba Churchill, and Timothy Odhiambo Mwololo.
A major focus of the case was the clause under Paragraphs 5(1) and 5(2), which required NGOs previously registered under the repealed NGO Coordination Act to undergo fresh registration to qualify as PBOs.
The Court rejected this, asserting that “the requirement for fresh registration is an unjustified, unreasonable, and procedurally unfair limitation on the freedom of association and administrative justice.”
In addition, the bench struck down Section 32, which mandated public benefit organizations to submit sensitive personal data.
The Court found the section excessively broad and lacking adequate protective measures, ruling that it “violates Article 31(c) of the Constitution by unjustifiably intruding upon the privacy of individuals involved in public benefit organizations.”
The judgment also dismantled the structure of the PBO Authority Board, annulled compulsory Federation membership, declared flaws in the PBO Tribunal’s appointments, and criticized ambiguous limitations on forum recognition.
The Court has ordered lawmakers to revise the law to ensure its alignment with constitutional principles.
