The LGBTQ community in Kenya can breathe a sigh of relief as the Kenyan Supreme Court on Friday 24th February ruled that LGBTQ and intersex rights groups can now register as non-governmental organizations (NGOs).

This court ruling ends an 11year old battle by LGBTQ activists who earlier sought official registration of an LGBTQ organization in Kenya.

 The Supreme Court of Kenya ruled that the NGO Boards’ decision to block homosexuals from forming a group is discriminatory terming it as a violation of their right to freedom of association under Article 36 of the constitution.

In 2013, National Gay and Lesbian Human Rights Commission’s application to be registered as an NGO was denied compelling them to launch their case. The NGO coordination Board had previously refused to register the LGBTQ group because its name contained the words “gay” and “lesbian” which the High Court ruled unconstitutional. The case was taken to the court of appeal which also issued the same ruling in 2019.

The supreme court which is Kenya’s highest ruling court made a final ruling on Friday (24 February) which stated,

“Given that the right to freedom of association is a human right, vital to the functioning of any democratic society as well as an essential prerequisite enjoyment of other fundamental rights and freedoms, we hold that this right is inherent in everyone irrespective of whether the views they are seeking to promote are popular or not.”

NGLHRC’s executive director Njeri Gateru celebrated the victory by saying,

“The supreme court’s decision to uphold the lower court’s rulings is a triumph for justice and human rights. At a time when the Kenyan LGBTQ community is decrying the increased targeting and violence; this decision affirms the spirit and intention of the constitution to protect all Kenyans and guarantee their rights”

Gay sex is a criminal offense in Kenya, the LGBTQ community is not protected and same-sex relationships are not recognized. People convicted of gay sex can face more than five years in prison.