Huge relief for PBOs as High Court declares sections of the PBO Act unconstitutional

On 30 April 2025, the High Court of Kenya delivered a landmark judgment in Otieno and Two Others v Attorney General and Another; Katiba Institute and Nine Others (Interested Parties) (Petition E519 of 2024) KEHC 8557 (KLR). This judgment, which declared several key provisions of the Public Benefit Organisations Act, 2013 (PBO Act), unconstitutional, has profound implications for the public benefit organisations (PBO) sector. This alert provides a detailed analysis of the High Court’s decision and its ramifications, aiming to equip PBOs, their stakeholders, and legal practitioners with a clear understanding of the evolving legal environment.