The New Dawn deepens: Pioneer PBO Disputes Tribunal members appointed

Chief Justice Martha Koome has appointed the pioneer members of the Public Benefit Organizations Disputes Tribunal through Gazette Notice No. 6381 dated April 30, 2026. The appointments, made pursuant to Section 50 of the PBO Act, followed approval by the National Assembly and take effect from April 8, 2026 for three years.

Justice Koome appointed Anne Wambui Nderu, an advocate of the High Court of Kenya, as Chairperson of the Tribunal. Ms. Nderu brings over 16 years of experience in international law and is a member of the Chartered Institute of Arbitrators. She holds a Master of Laws degree from the University of South Wales and a Bachelor of Laws from the University of Nairobi.

Appointed alongside Ms. Nderu are four other members: Prof. Thomas Katua Ngugi, Dr. Janerose Kaithi Mutegi-Kibaara, Christabel Mideva Eboso, and George Robert Asewe. Prof. Ngugi and Dr. Mutegi-Kibaara are distinguished academicians, while Ms. Eboso and Mr. Asewe are advocates of the High Court of Kenya.

The appointment of the members of the Tribunal, coming shortly after the launch of the PBO Regulations, marks another important milestone in the New Dawn of the PBO sector. Together, these developments signal a new regulatory environment that is responsive to the needs of Public Benefit Organizations and civil society.

The Public Benefit Organizations Disputes Tribunal is mandated to hear and determine complaints arising from any violation of the provisions of the PBO Act, as well as any matter or appeal brought before it pursuant to the Act.

It has powers similar to those of a Magistrate's Court, and its decisions are final and binding on all parties, unless a party institutes a judicial review within 14 days of the decision. Any party dissatisfied with the outcome of the Tribunal's review may appeal to the High Court, whose decision shall be final.

The Tribunal represents one of the most progressive elements of the PBO Act. It provides a critical safety net for PBOs, offering a fair and structured avenue through which organizations can challenge decisions by the Authority that they consider unjust or unreasonable.

This is a significant departure from the repealed NGOs Coordination Act of 1990, which made no provision for such an elaborate or accessible dispute resolution mechanism.

With the Tribunal now constituted, PBOs and civil society organizations can look forward to a more just, transparent, and accountable regulatory framework.