Kenya’s Supreme Court has ruled in favor of the National Gay and Lesbian Human Rights Commission (NGLHRC), granting the LGBTQ+ rights group official status. The NGLHRC had launched a case in 2013 after its application to be registered as a non-governmental organization (NGO) was denied because its name contained the words “gay” and “lesbian.” The NGO Coordination Board had refused to register the group, citing the criminalization of homosexuality in Kenya under laws imposed under British colonialism.
In 2015, the High Court ruled the refusal unconstitutional, a decision that was upheld by the Court of Appeal in 2019. The Supreme Court’s recent ruling reaffirms the decision, stating that it is “unconstitutional to limit the right to associate, through denial of registration of an association, purely on the basis of the sexual orientation of the applicants.” The ruling affirms the right of all Kenyans to associate, irrespective of sexual orientation.
The decision has been celebrated by the NGLHRC and LGBTQ+ activists, with the NGLHRC’s executive director Njeri Gateru calling it “a triumph for justice and human rights.” While the decision is significant, LGBTQ+ people in Kenya continue to face legal challenges. Gay sex is a criminal offense, with those convicted facing between five and 14 years in prison. Additionally, lesbians, bisexuals, and trans people can face discrimination, including “corrective rape,” and Kenya does not recognize any kind of same-sex relationships nor provide protections for LGBTQ+ people on the basis of sexual orientation or gender identity.
The decision marks a significant step forward for LGBTQ+ rights in Kenya, and affirms the right of all Kenyans to associate freely, regardless of sexual orientation. While there is still progress to be made, the decision provides hope for LGBTQ+ activists and advocates for human rights in Kenya.
