The Supreme Court on Tuesday, September 12 2023 upheld the right of the National Gay and Lesbian Human Rights Commission (NGLHRC) to register legally. This is following an issue Ten years ago when Kenya’s NGO Coordinating Board refused to register the NGLHRC claiming it promotes same-sex behaviour. But in February 2023, the Supreme Court said the Board was wrong to stop NGLHRC’s registration, allowing it to be formally recognised as an organization.
Opponents of the decision applied for a review of the court’s ruling. The judges delivered their verdict on Tuesday, confirming the right of association and freedom from discrimination cannot be restricted. In February, a majority of three judges against two in court was of the view that the board’s refusal of the registration of a non-governmental organisation (NGO) seeking to champion the rights of Lesbian, Gay, Bisexual, Queer (LGBTQ+) persons in Kenya was highly discriminatory.
Justice Philomena Mwilu, the Deputy Cheif Justice, Smokin Wanjala and Njoki Ndung’u said it would be unconstitutional to limit the right to associate, through the denial of registration of an association, purely on the basis of sexual orientation. They held that the board’s decision to refuse registration of an LGBTQ+ group was “unreasonable and unjustified”.