Eric Gitari’s organization advocating for LGBTQ rights was denied registration by the NGO Coordination Board.
The Supreme Court has now ruled that the board violated Gitari’s right to freedom of association.
In a majority decision, the court dismissed the appeal board’s ruling and declared it discriminatory, stating that denying registration based solely on sexual orientation is unconstitutional.
The court emphasized that all individuals are subject to existing laws, including those regarding sexual acts, and that “sex” refers to sexual orientation, including heterosexual, lesbian, gay, or intersex individuals.
This decision by the court is a significant victory for the LGBTQ community in Kenya, affirming their right to form and register organizations to advocate for their rights.
It sends a message against discrimination and highlights the need for a more inclusive society.
Justice William Ouko dissented, stating that the issue was not about decriminalizing LGBTQ and that the board has the discretion to refuse registration based on specified conditions, not morality or family units.
Nonetheless, the ruling sets a precedent for the protection of the rights of the LGBTQ community in Kenya.
