The Public Benefits Organizations Regulatory Authority and the Public Benefit Organizations Disputes Tribunal

The Public Benefits Organizations Regulatory Authority and the Public Benefit Organizations Disputes Tribunal

Understanding the Institutions Responsible for Regulating and Resolving Disputes under the Public Benefits Organizations Act, 2013

Why this Summary Matters

A strong legal framework requires institutions that can implement the law fairly, efficiently and transparently. The Public Benefits Organizations Act, 2013 therefore establishes two key institutions to administer the legal framework governing Public Benefit Organizations (PBOs) in Kenya:

• the Public Benefits Organizations Regulatory Authority — open glossary definition, known as “the Authority”; and
• the Public Benefits Organizations Disputes Tribunal, known as “the Tribunal”.

Although both institutions are created under the same Act, they perform very different functions. The Authority is the primary regulator responsible for registering and overseeing Public Benefit Organizations, while the Tribunal is an independent body that hears and determines disputes arising from any breach of the provisions of the Act; or from any appeal from decisions made under the Act; or disputes between PBOs, their members and the National Federation.

Understanding the distinct roles of these institutions helps organizations engage effectively with the regulatory framework and exercise their rights where disputes arise.

The Public Benefits Organizations Regulatory Authority

The Public Benefits Organizations Regulatory Authority — open glossary definition is the statutory body established under the PBO Act — open glossary definition to administer and enforce the legal framework governing Public Benefit Organizations in Kenya.

The Authority succeeds the former Non-Governmental Organizations Co-ordination Board and is responsible for implementing the objectives of the PBO Act — open glossary definition within a more enabling, transparent and accountable regulatory framework.

Its role is not merely to regulate the sector but also to facilitate the growth and development of Public Benefit Organizations while ensuring compliance — open glossary definition with the law.

Functions of the Authority

The Act assigns the Authority a broad range of responsibilities aimed at promoting an effective and accountable PBO — open glossary definition sector.

These include:

• registering and de-registering Public Benefit Organizations and International Public Benefit Organizations;
• bestowing of PBO — open glossary definition status;
• maintaining the official register of PBOs;
• monitoring compliance — open glossary definition by PBOs with the Act and the Regulations;
• receiving and reviewing annual reports and statutory filings;
• recognising Self-Regulation Forums and Federations;
• advising the Government on matters relating to Public Benefit Organizations;
• interpreting the national policy on PBOs;
• encouraging cooperation between Government and the PBO — open glossary definition sector;
• providing advice and training to PBOs;
• instituting inquiries to determine if the activities of PBOs do not comply with the Act or any other law;
• overseeing and monitoring PBOs that are at risk of terrorism financing abuse; and
• performing any other functions assigned under the Act or other written laws.

These functions demonstrate that the Authority is both a regulator and a facilitator of an enabling environment for civil society.

The Register of Public Benefit Organizations

One of the Authority's principal responsibilities is maintaining an accurate and up-to-date register of Public Benefit Organizations.

The register contains information relating to the following entities:

• registered Public Benefit Organizations (national and international);
• exempt international public benefit organizations;
• organizations granted bestowment of PBO — open glossary definition status; and

recognised Self-Regulation Forums and Federations; The following is an outline of the information included:

• the area of the activities of the organization;
• the registered officials for the time being in charge of the organization;
• a detailed inventory of the assets of the organization;
• any other information that the Authority may deem necessary to include or as may be provided in the regulations.

Maintaining an accurate register promotes transparency, public confidence and effective regulatory oversight.

Organizations therefore have an ongoing responsibility to notify the Authority of material changes affecting their registration — open glossary definition details.

Regulatory Powers of the Authority

To enable it to perform its functions, the Authority is granted several regulatory powers under the Act.

These include the power to:

• receive and determine applications for registration — open glossary definition;
• request information from organizations;
• institute inquiries to determine compliance — open glossary definition by PBOs with the Act;
• issue lawful directions;
• monitor governance and reporting obligations;
• suspend or cancel registration — open glossary definition where permitted by law;
• reinstate or restore registration — open glossary definition in appropriate cases; and
• grant or reject recognition of Self-Regulation Forums and Federations.

These powers must always be exercised within the limits established by the Act and in accordance with the Constitution.

Duty to Act Fairly

An important safeguard within the PBO — open glossary definition legal framework is that the Authority must exercise its powers fairly, reasonably and transparently.

In practice, this means that before making decisions that adversely affect an organization, the Authority should:

• provide adequate notice;
• explain the reasons for the proposed action;
• allow the organization an opportunity to respond;
• consider relevant information before reaching a decision; and
• communicate its decision in writing.

These procedural safeguards reflect the constitutional right to fair administrative action under Article 47 of the Constitution.

Relationship with Public Benefit Organizations

The Act encourages a cooperative relationship between the Government and Public Benefit Organizations based on:

• mutual respect;
• accountability;
• transparency;
• consultation;
• partnership in national development; and
• protection of constitutional freedoms.

The Authority therefore plays an important role in promoting dialogue and strengthening the relationship between the State and civil society.

The Public Benefits Organizations Disputes Tribunal

The Tribunal provides a specialised quasi-judicial mechanism for hearing and determining disputes arising under the Act. It operates as a subordinate court within the justice system, offering a faster, less formal and expert-led alternative to traditional courts.

Its establishment promotes access to justice, procedural fairness and accountability within the regulatory system.

Composition of the Tribunal

• The Act outlines how members are appointed to the Tribunal, requiring them to have appropriate qualifications and experience. in the following areas:law;
• public administration;
• governance;
• public benefit organizations; and
• other relevant professional fields.

This multidisciplinary composition helps ensure that disputes are considered fairly, taking into account both legal principles and the practical realities of the nonprofit sector.

Jurisdiction of the Tribunal

The Tribunal hears disputes arising from decisions made under the PBO Act — open glossary definition.

Examples could include appeals against:

• refusal to register a Public Benefit Organization — open glossary definition;
• refusal to grant bestowment of PBO — open glossary definition status;
• refusal to register an International Public Benefit Organization — open glossary definition or exempt it from registration — open glossary definition;
• suspension of registration — open glossary definition;
• cancellation of registration — open glossary definition;
• refusal of recognition of a Self-Regulation Forum;
• refusal to restore or reinstate a PBO — open glossary definition to the register; and
• other decisions of the Authority affecting the rights or interests of organizations.

The Tribunal may also hear other matters assigned to it under the Act.

Powers of the Tribunal

In determining disputes, the Tribunal has authority to consider both the facts and the law.

Depending on the circumstances, it may:

• confirm, set aside, vary or quash the order or decision;
• require the Authority to revise or review its decision;
• require the Authority to inquire into specific details from the appellant and reconsider the matter;
• issue any lawful orders as may be appropriate in the circumstances.

The Tribunal therefore provides an effective safeguard against unlawful or unreasonable administrative action.

Procedure before the Tribunal

A person or organization dissatisfied with a decision of the Authority may lodge an appeal within the period prescribed by the Act.

Proceedings before the Tribunal are intended to be:

• accessible;
• impartial;
• efficient;
• guided by principles of natural justice; and
• less formal than ordinary court proceedings while maintaining fairness.

Parties are generally entitled to present evidence, make submissions and respond to the issues raised before the Tribunal reaches its decision.

Appeals from the Tribunal

A party dissatisfied with a decision of the Tribunal may appeal to the High Court on matters provided for under the Act or other applicable laws.

This helps ensure that regulatory decisions remain subject to independent oversight.

Distinction of roles between the Authority and the Tribunal

Although both institutions are established under the same Act, their functions are distinct.

The Authority:

• administers the Act;
• regulates Public Benefit Organizations;
• monitors compliance — open glossary definition;
• makes administrative decisions.

While the Authority is responsible for administering the Act, disputes may occasionally arise regarding its decisions.

To ensure that such disputes are resolved independently, the Act establishes the Public Benefits Organizations Disputes Tribunal.

The Tribunal:

• reviews disputes arising from those decisions;
• protects procedural fairness;
• provides an independent avenue for appeal.

This separation strengthens public confidence in the fairness of the legal framework.

Common Misconceptions: Is it true that...

"The Authority and the Tribunal are the same institution?"

No. The Authority is the regulator, while the Tribunal is an independent body that hears disputes arising from the Authority's decisions.

"Every disagreement with the Authority must be taken to court?"

No. The Tribunal provides a specialised quasi-judicial mechanism for resolving disputes that is faster and less formal than the ordinary courts.

"The Tribunal registers Public Benefit Organizations?"

No. Registration — open glossary definition is the responsibility of the Authority. The Tribunal only hears disputes arising under the Act.

"The Authority only enforces compliance?"

Not entirely. The Authority also promotes an enabling environment, supports cooperation with the sector and facilitates implementation of the Act.

Practical Tips

Public Benefit Organizations should:

• maintain open communication with the Authority;
• respond promptly to requests for information;
• retain copies of all correspondence and statutory filings;
• seek clarification where regulatory requirements are unclear;
• understand their right to appeal where they believe a decision is unfair or inconsistent with the law.

Good communication and timely compliance — open glossary definition often prevent disputes from arising.

Legal References

Public Benefits Organizations Act, 2013: Part IV (Public Benefits Organizations Regulatory Authority — open glossary definition) and Part V (Public Benefit Organizations Disputes Tribunal), including provisions on establishment, functions, powers and jurisdiction.

Public Benefits Organizations Regulations, 2026: Regulations 16–21, 28, 39–42 and 44 (Suspension or Cancellation, Appeals, Inquiries, Register, Replacement Documents, Electronic Submission, Penalties and Transition from the NGO framework).

This summary is general information, not legal advice. Read it with the Public Benefit Organizations Act, 2013 and the Public Benefit Organizations Regulations, 2026.