The Court of Appeal has upheld a decision by a lower court that allowed members of the lesbian, gay, bisexual, and transgender (LGBT) community to formally register their own organisation.

However, Justice Daniel Musinga and Roselyn Nambuye dissented saying the High Court had no jurisdiction to entertain the petition filed by Eric Gitari.

Gitari is a co-founder of the National Gay and Lesbian Human Rights Commission.

The National Gay and Lesbian Human Rights Commission released a statement applauding the court's decision.

Njeri Gateru, the executive director of NGLHRC, said, “The judges have chosen to stand by the Constitution that allows for like minded persons to meet and organise, formally. That is a freedom enshrined in the Constitution and the fact that the Court of Appeal agrees with us and allows us to register as an organisation is not only a win for us as an organisation, but a win for Human Rights.”

She said the ruling will ensure inclusivity and will set a positive precedent for other rights organisations in Kenya and around Africa.

Musinga agreed with the Non-Governmental Organisations Coordination Board's sentiments that Gitari's proposed NGO is "hell-bent on destroying the cultural values of Kenyans, and must therefore not be allowed". Read more via The Star