The Kenyan Supreme Court, with a mojarity of three out of five judges, ruled that authorities had discriminated against LGBTQ+ rights association by preventing it from registering as an NGO. The verdict recognizes the right LGBTQ+ rights community to form an association and marks the end of a decade-long legal battle.
The dispute dates back to 2013 when the National Commission for the Human Rights of LGBTQ+ has submitted a request to the NGO Supervision Office to be listed. The public authority rejects it. In question? The name of the association contains the terms “gays” and “lesbians”.
Two courts ruled in favor of the association in 2015 and 2019. On Friday February 24th, 2023, the Supreme Court ratified the NGO’s right to be registered, explaining that the freedom to form an association could not be limited “on the basis of the applicant’s sexual orientation”.