The Court of Appeal in Nairobi has handed a major win to the Lesbian, gay, bisexual, and transgender (LGBT) community after it upheld the registration of the National Gay and Lesbian Human Rights Commission (NGLHRC) as an NGO.
In 2015 the High Court ruled in favour of the LGBT community, arguing that they had the same rights as the everyone else to form an organisation for mutual support.
This decision was contested at the appellate court by the Non-Governmental Organizations Coordination Board.
The Board rejected their application to register the association saying that the name of the organization which had been submitted for registration was unacceptable and could not be registered because Kenya’s Penal Code criminalises gay and lesbian unions and relationships.
In the main case filed by Eric Gitari, it sought to have the National Gay and Lesbian Human Rights Commission registered under the Non-Governmental Organizations Coordination Act, claiming that it is within the rights of the gay community.
After the Court of Appeal decision, the National Gay and Lesbian Rights Commission released a press release saying that the ruling only brings inclusivity and sets a positive precedent for other rights organization in Kenya and around Africa.
The group says that it has struggled with registration since it was founded in 2012. “Big win for freedom of association and a vibrant civic space,” tweeted the Kenya Human Rights Commission (KHRC) after the ruling.
Kenyans are now wondering on the next step they can take.