
Court victory for LGBTIQ community in KenyaThe Supreme Court of Kenya has confirmed the right of an LGBTIQ human rights organisation to be legally registered by the government.
by Mambaonline.com
27-02-2023 10:15
in LGBTQIA
Court victory for LGBTIQ community in Kenya. Photo: Pexels
On Friday, the court upheld a 2015 High Court ruling ordering the government to register the National Gay and Lesbian Human Rights Commission (NGLHRC) as an NGO.
--
It also affirmed that the organisation could be registered with the words gay' and lesbian' in its name.
ALSO READ: Will Cape Town Pride break drag queen world record?
In their landmark decision, the judges stated: Given that the right to freedom of association is a human right, vital to the functioning of any democratic society as well as an essential prerequisite enjoyment of other fundamental rights and freedoms, we hold that this right is inherent in everyone irrespective of whether the views they are seeking to promote are popular or not
They added: As such, we agree with the reasoning of the High Court that just like everyone else, LGBTQ have a right to freedom of association which includes the right to form an association of any kind.
The NGLHRC said in a statement that the court's decision was a victory for Kenya's LGBTIQ community.
--
ALSO READ: Animal sighting: Lioness bites a buffalo in a waterhole-[Video]
This affirmation by the supreme court of the land is especially necessary at a time when the rights of the people who NGLHRC intends to protect are particularly threatened; it emboldens our resolve as a community to agitate for a better Kenya for all of us, said Njeri Gateru, NGLHRC's Executive Director.
The decision marks the end of a ten-year-long legal battle to secure the right to freedom of association for LGBTIQ people in Kenya.
Morality should not serve as a justification to limit fundamental rights. Amnesty Kenya congratulated the organisation The NGLHRC first applied to be registered by the Non-Governmental Organisations Coordination Board in 2013 but was rejected on the basis that it is an LGBTIQ organisation.
--
The board insisted it could not register the group due to the presence of the words lesbian' and gay' in its name, terming these unacceptable as Kenya's penal code criminalises gay and lesbian intimacy .
After multiple, unsuccessful attempts to register the organisation, the NGLHRC filed a suit against the board.
In its 2015 decision, the High Court found that the board's refusal to register the NGLHRC, violated article 36 of Kenya's constitution to freedom of association.
ALSO READ: What it means for SA to be Grey listed?
The three-judge bench further asserted that popular conceptions of morality should not serve as a justification to limit fundamental rights.
The matter was taken on appeal by the board to the Court of Appeal, which in 2019 agreed with the High Court, and then to the Supreme Court which finally settled the issue in favour of the NGLHRC.
Amnesty Kenya congratulated the organisation and applauded the Supreme Court for affirming the freedom of association for all, regardless of identity .
ALSO READ: Love Island's Tommy Fury beats YouTuber Jake Paul in Saudi Arabia showdown
While the NGLHRC celebrated the historic ruling, it committed itself to continue to push for the full realisation of human rights for all individuals, regardless of their sexual orientation, gender identity and expression .
Homosexuality remains criminalised in Kenya thanks to colonial-era laws referencing carnal knowledge against the order of nature and gross indecency, under which LGBTIQ people can be punished with up to 14 years in prison.
Article by Roberto Igual
This article was initially published on MAMBAonlie.com
CLICK HERE TO READ MORE ARTICLES BY Mambaonline.com
UCT Online High School Creates The ConnectED' Mobile App for Parents. READ MORE HERE!
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
07/10/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...
06/09/2026
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
11/08/2026
Homecoming Artist Spotlight: Fabiola M ndez The first cuatrista to graduate from Berklee talks about the community that shaped her career ahead of her Homecom...
11/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/08/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced Dalet Solution Suites, a new portfolio of cloud-native solutions ...
11/08/2026
Mediagenix, a global leader in smart content solutions to profitably connect the right content to the right audience, will showcase how media companies can prep...
11/08/2026
Transforming your audience into advocates with Kelsey Gamble 10 August 2026
Building community, harnessing fandom for marketing and activating the four stages ...
10/08/2026
Weekly immersive broadcasts will feature 8K 3D video, a 180-degree field of view...
10/08/2026
Saturation plug-in free until 20 August 2026
fedDSP have announced the launch of Raiju, a new guitar pedal-style saturation plug-in that's capable of de...
10/08/2026
New mix-comparison & feedback tool
Independent Swedish record label I/O Music have recently released a handy new tool that provides artists, engineers, prod...
10/08/2026
Additive soft synth gains free counterpart
Sound Radix have just released a free monophonic additive software synth that's based on the same engine as t...
10/08/2026
Chroma integrates MXO oscilloscopes into ATS 8000 platform, rounding out its hig...
10/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/08/2026
Students in the Technology and Applied Composition (TAC) program at the San Francisco Conservatory of Music (SFCM) gain rare, real world experience in professio...
10/08/2026
FOR-A is using its presence at IBC2026 (stand 2.B53, Amsterdam RAI, 11 14 September) to show how its products deliver the answers to the real challenges faced...
10/08/2026
Frontier EU, official Peplink distributor for Europe, will exhibit at IBC 2026 in Amsterdam from 11 to 14 September, presenting live demonstrations of how Pepli...
10/08/2026
Remote Editing Without Cloud Storage Premiere Pro
Michael Cioni August 10, 2026
0 Comments
This is a step-by-step guide that demonstrates how to setup...
10/08/2026
Stunning Pixelated ASCII Effect for Apple Motion
Simon Ubsdell August 10, 2026
0 Comments
Apple Motion is perfect for building this popular ASCII unic...
10/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/08/2026
Monday 10 August 2026
Welcome to the Show : Sky Creative unites football fans w...
10/08/2026
Red Seat Ventures' Speakeasy Brings Video to Apple Podcasts, Beginning with ...
10/08/2026
A major unconventional operator increased monthly pumping hours by more than 30% by automating critical frac completion processes and eliminating common sources...
10/08/2026
Today, Apple and Major League Baseball (MLB) unveiled the September schedule for...
09/08/2026
Combines physical modelling with subtractive synthesis
reFX, the company behind the popular Nexus and Vanguard2 soft synths have announced the launch of the...
09/08/2026
Human nuance is not a switch
Dreamtonics have built up a solid reputation off the back of their Synthesizer V Studio software, a powerful vocal-synthesis t...
09/08/2026
COW Jobs: Documentary Editor - Remote
Brie Clayton August 9, 2026
0 Comments
Documentary Editor
July 31, 2026COW Jobs: Lead Generation Representativ...
08/08/2026
Enhanced ToneNET integration & 220 new Premium V2 Tone Models
IK Multimedia have just launched a public beta of Tonex 2.0, a release which is said to repres...
08/08/2026
Honouring the drum machine that redefined modern music
Roland have announced their plans for this year's 808 Day, a day that was founded to celebrate th...
08/08/2026
The National Film and Video Foundation (NFVF), an agency of the Department of Sp...
08/08/2026
Star Wars Hyperspeed Tutorial: The No-Echo Method in After Effects
Graham Quince August 8, 2026
0 Comments
The Echo Effect to create long streaks is n...
08/08/2026
Chyron Releases AXIS 4.0 With Expanded News Workflows and Richer Map Storytellin...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Foundry Unlocks Professional-Grade AI for VFX with Griptape Enterprise; Appoints...
08/08/2026
Award Winning New Horror Film Shot Using Blackmagic Camera App
Brie Clayton August 7, 2026
0 Comments
Fire Alive, shot using the Blackmagic Camera i...
08/08/2026
The global buildout of AI infrastructure reached a new milestone today - Firebird, an emerging AI cloud, launched the CIS region's largest AI factory in Arm...
07/08/2026
Diversified has appointed industry veteran Pete Emminger as global chief technology officer. Emminger will lead the company's global go-to-market technology...
07/08/2026
O'Shea Jackson Jr., Dave Franco, and Mason Thames appear in Idiots by Macon Blair, an official selection of the 2026 Sundance Film Festival. (Courtesy of ...
07/08/2026
An instrument made for the adventurous composer
Described as an instrument made for the adventurous composer , Sonuscore's latest sample library has b...
07/08/2026
Latest solo Synchron libraries arrive
VSL have just released the final two instalments in their range of muted solo string libraries. Recorded in the large ...
07/08/2026
Channel strip offers plug-in control & recall
Along with some new additions to their Inherit modular preamp system, GC Audio's announcements for NAMM 20...
07/08/2026
Opening Statement: Public hearing of the Inquiry into Racism, Hate and Violence ...
07/08/2026
DoubleVerify Shareholders to Receive $13.60 Per Share in Cash, Representing a 30...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...