The Supreme Court ruled in favour of Lesbian, Gay, Bisexual, Transgender, Queer or Questioning (LGBTQ) persons in their quests to officially register a Non-Govermental Organisation (NGO).
In its verdict delivered by a five-judge bench on Friday, February 24, the Supreme Court castigated the NGOs Co-Ordination Board for refusing to register four names for an LGBTQ organisation on the grounds that same-sex marriage is outlawed in Kenya.
Three judges in the five-judge bench ruled that community members have a right to associate even though the law considers same-sex marriages illegal. Hence, the refusal to register them was discriminatory and contravened the law.
The NGO board, through its Executive Director, had declined to approve four of the proposed names on the grounds that Sections 162, 163 and 165 of the Penal Code criminalise Gay and Lesbian liaisons.
The names rejected by the board included the National Gay and Lesbian Human Rights Commission, National Coalition of Gays and Lesbians in Kenya, National Gay and Lesbian Human Rights Association, Gay and Lesbian Human Rights Council, Gay and Lesbian Human Rights Observancy and Gay and Lesbian Human Rights Organisation.
In its explanation, the board noted that the words, "gay and lesbians" in the proposed names were objectionable to the Board.
However, Justices Mohamed Ibrahim and William Ouko dissented and held a firm stance that the law was clear on the illegality of gays and lesbians.
The Friday, February 24, ruling now paves the way for the LGBTQ organization to make a fresh application in its quest to formalize its operations.
More to follow..