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Gov’t to Appeal Supreme Court Ruling Allowing Registration of a Gay Rights Group

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Gov't to Appeal Supreme Court Ruling Allowing Registration of a Gay Rights Group

The government will appeal the Supreme Court ruling allowing the registration of an NGO seeking to advocate for the rights of the LGBTQ community in Kenya, Attorney General Justin Muturi has said.

On Friday, the Supreme Court dismissed an appeal by the NGO Co-ordination Board seeking to quash a High Court order requiring it to register the organization.

The National Gay and Lesbian Human Rights Commission (NGLHRC) applied for registration in 2012 but the NGO Co-ordination Board rejected the application on grounds that the proposed name violated sections 162, 163 and 165 of the Penal Code, which criminalize gay and lesbian liaisons.

NGLHRC moved to the High Court to challenge the board’s decision, arguing that it violated its right to freedom of association under Article 36 of the Constitution and its right against discrimination under Article 27.

The High Court ruled in favor of the petitioner and directed the board to register NGLHRC as an NGO within 30 days. The board then appealed to the Court of Appeal, which upheld the High Court’s decision, prompting it to move to the Supreme Court.

In its ruling, the apex court held that the board’s decision was not only discriminatory but also violated the NGO’s right to freedom of association under Article 36 of the Constitution.

The court noted that it would be unconstitutional to limit the right to associate, through denial of registration of an association, purely on the basis of the sexual orientation of the applicants.

Speaking during a church service in Embu County on Sunday, Muturi said Kenyans should be allowed to give their views on the issue of gay rights since it weighs on life.

The attorney general noted that the country has its values and in the interest of the public, he will be seeking a full bench of the Supreme Court to pronounce itself over the matter.

 

8 COMMENTS

  1. MaBusiness KENYA waJipange…
    MaBusiness KENYA waJipange kuUzanga maDiapers za waMme maShoga; hata na waJinga wanaWake (waUmwao na Wazungu kule Nyuma kama Mbwa) wataZinunua pia. Mikundu itaPanuliwa na kuHara kweliKweli. Na ma Lesbians na Cervical & Throat cancer wataKiona kilicho Choma Gomorrah.

  2. I am not gay and will never…
    I am not gay and will never become one. However, our elected servants of the people are wasting the tax payers money in dealing with such trivial and useless issues such as being gay or not.
    If these lazy and arrogant elected servants of the people push for the outlawing of “homosexuality,” they should also outlaw all foreign names, religions, foreign cultural practices such as “kissing” and observing ones birthday celebrations.

  3. All katiba “YES” voters are…
    All katiba “YES” voters are to blame.Karambu & Co judges interpreted the law as per your useless katiba.None of “YES” voters questioned the freedoms you voted for.Akili kidogo led you to give suspects charged with capital offenses,including murder,treason,violent robbery etc more rights than their victims.Mambo Bado.More to follow.

  4. Hawa mashoga ushoga need to…
    Hawa mashoga ushoga need to b criminalise fully.let sodom n gormolla usa where all this sorts of evil stinky sewage behaviours get manufactured come n get all of them there.Bure kabisa.Give we the citizens pawa to eliminate them wakipatikana.Even animals don’t Fuck each other in their shits exits.

  5. ” Violated freedom of…
    ” Violated freedom of association and …discrimination” if this is the reasoning in our courts, the freedom of association and ….discrimination must be also allowed for different cultural and language groups in Kenya.
    Separation of different language and cultural groups is on the horizon.
    LGBTQ is a cultural group
    Gikuyu is a cultural group
    Maasai is a cultural group
    Kamba is a cultural group
    White is a cultural group
    Indians are a cultural group
    And we have many other language and cultural groups to be uplifted, separated and recognized.
    Let us all claim our communities as the LGBTQ community makes a claim of theirs.
    As we recognize LGBTQ community with their culture, we must also recognize all other language and cultural groups in Kenya.
    Each community in Kenya has distinct characteristics that needs to be recognized….
    In LGBTQ community, men sleep with men and women sleep with women.
    In other communities men are circumcised, in others men are not circumcised. All these communities and their distinct characteristics must all be recognized.
    High court, are you ready to recognize all these communities in Kenya as distinct communities?
    Separation is on the horizon!!

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