Gov't to Appeal Supreme Court Ruling Allowing Registration of a Gay Rights Group

The government will appeal the Supreme Court ruling allowing the registration of an NGO seeking to advocate for the rights of the LGBTQ community in Kenya, Attorney General Justin Muturi has said.

On Friday, the Supreme Court dismissed an appeal by the NGO Co-ordination Board seeking to quash a High Court order requiring it to register the organization.

The National Gay and Lesbian Human Rights Commission (NGLHRC) applied for registration in 2012 but the NGO Co-ordination Board rejected the application on grounds that the proposed name violated sections 162, 163 and 165 of the Penal Code, which criminalize gay and lesbian liaisons.

NGLHRC moved to the High Court to challenge the board’s decision, arguing that it violated its right to freedom of association under Article 36 of the Constitution and its right against discrimination under Article 27.

The High Court ruled in favor of the petitioner and directed the board to register NGLHRC as an NGO within 30 days. The board then appealed to the Court of Appeal, which upheld the High Court’s decision, prompting it to move to the Supreme Court.

In its ruling, the apex court held that the board’s decision was not only discriminatory but also violated the NGO’s right to freedom of association under Article 36 of the Constitution.

The court noted that it would be 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.

Speaking during a church service in Embu County on Sunday, Muturi said Kenyans should be allowed to give their views on the issue of gay rights since it weighs on life.

The attorney general noted that the country has its values and in the interest of the public, he will be seeking a full bench of the Supreme Court to pronounce itself over the matter.