Kenya - February 2023
Supreme Court rules that refusal to register LGBTQIA+ organisation was unconstitutional
On 24 February, Kenya’s Supreme Court ruled that the National Gay and Lesbian Human Rights Commission (NGLHRC) must be allowed to register as an NGO. Upholding decisions by the High Court and the Court of Appeal, it found that the refusal of Kenya’s NGOs Coordination Board to register the NGLHRC was unconstitutional on the grounds that it limited the right to freedom of association based on sexual orientation. In its judgement, the Court clarified that the country’s penal code does not permit such a limitation because, while it criminalizes same-sex sexual acts, it does not criminalize homosexuality. The decision was welcomed by the NGLHRC, whose executive director said, ‘at a time where the Kenyan LGBTQIA+ community is decrying the increased targeting and violence, this decision affirms the spirit and intention of the Constitution to protect all Kenyans and guarantee their rights.’ However, it has been met by fierce criticism from politicians and religious leaders, who characterised it as a threat to Kenya’s moral values.
Sources: Kenya Supreme Court Judgement, National Gay and Lesbian Human Rights Commission, Pink News, The Africa Report
