Otieno & 2 others vs Attorney General & Another: Katiba Institute &9 others (interested Parties) (Petition E519 of 2024) [2025] KECH 8557 (KLR (Constitutional and Human Rights) (30 April 2025): Judgment

Key Points

The High Court declared the following provisions of the Public Benefits Authority Act (2013) (PBO Act) unconstitutional.

• Paragraph 5(1) and 5(2) of the Fifth Schedule – requiring registration of existing NGOs under the
  PBO Act;
• Sections 18 (1) to (3) and section 19 (1) (b) deal with the procedure for the suspension and
  cancellation of a PBO’s certificate of registration.
• Section 21(1), 21(9) and 23 (2) which deals with the establishment of a National Federation of
  PBOs and membership;
• Section 32 imposes a duty on each registered PBO to provide certain information to the PBO
  Regulatory Authority; and
• Sections 35 and 50 which provide for the composition of the PBO regulatory Authority and the
  PBO Disputes tribunal, respectively;

Implications

•  No Re-registration Required: Existing NGOs are no longer required to apply for registration under the PBO Act. The Court found the re-registration requirement unconstitutional, violating the rights to association and fair administrative action.
• Automatic Transition: The Court ordered the PBO Authority to automatically register NGOs that were already compliant under the previous law.
• Other Provisions Invalidated: Some of the other contested provisions (relating to data privacy, forced membership in a national body, and composition of tribunals) were also found to be unconstitutional, in whole or in part.