3 July 2025
Article
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.
Corporate &
Commercial Law5 min read
