The National Gay and Lesbian Human Rights Commission, has fought a long-running legal battle after being blocked from registering as an NGO – leaving them without a number of legal protections. The NGLHRC has had its application to register as an NGO blocked five times since 2012 – with a Non-Governmental Organizations Coordination Board finding that the name of the organisation was “unacceptable” as the Kenyan Penal Code criminalises “gay and lesbian liaisons”.
However, the High Court set a ground-breaking precedent in a ruling today, which found that the groups should be permitted – and that popular morality and religion should not be basis for limiting rights in Kenya. The panel of three judges found that blocking such groups violated Article 36 of the country’s Constitution, which provides Freedom of Association.
Eric Gitari of NGLHRC said: “This judgement from the constitutional court is ground breaking; it marks a historic momentum towards the inclusion of sexual and gender minorities into the Kenyan democratic space." Read More