Govt Loses in Case Against Members of LGBT Community in Court of Appeal

  • The Court of Appeal on Friday ruled that LGBT (lesbian, gay, bisexual, and transgender) persons are allowed to register an NGO or other forms of association following an earlier appeal by the Non-Governmental Organizations Coordination Board.

    By the function of the ruling, the National Gay and Lesbian Rights Commission may now be registered as an official non-governmental organization in the country.

    The high court had also ruled in favour of the members of LGBT community but the Board proceeded to take the matter to the Court of Appeal.

    The members of LGBT informed that they had struggled to form an association ever since 2012.

    Kenya Human Rights Commission was quick to respond to the ruling of the court in a tweet indicating, “Big win for freedom of association and a vibrant civic space.”

    The Non-Governmental Organizations Coordination Board had rejected applications by the association on the grounds that the name which had been submitted was unacceptable and could not be registered.

    According to the Board, the nation’s Kenya’s Penal Code criminalises gay and lesbian unions and relationships.

    In the main case that was filed by Eric Gitari, it sought to have the National Gay and Lesbian Human Rights Commission registered under the Non-Governmental Organizations Coordination Act.

    The case claimed that such should be done since it is within the rights of the gay community.

    Members of the ‘National Gay and Lesbian Rights Commission’ made a press briefing soon after the decision by the Court.

    They informed that the ruling posed as a move towards promotion of inclusivity in the country.

    They also claimed that it sets a positive precedent for other rights organization in Kenya and around Africa.

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