The National Gay and Lesbian Human Rights Commission (NGLHRC) has been granted the right to register by the Supreme Court after being denied registration by Kenya’s NGO Coordinating Board 10 years ago due to accusations of promoting same-sex behaviour.
The court’s ruling in February found that the board’s refusal was discriminatory, and on Tuesday, the judges upheld that decision affirming that the right of association and freedom from discrimination cannot be limited. Justices Philomena Mwilu, Smokin Wanjala, and Njoki Ndung’u deemed the board’s decision to be unreasonable and unjustified. They further said that it is unconstitutional to limit the right to associate based solely on sexual orientation.
The Kenyan LGBTQ+ organization had faced opposition from the board when trying to reserve a name for its intended NGO. The board cited the criminalization of gay and lesbian liaisons in Sections 162, 163, and 165 of the Penal Code as their reasoning for refusal. However, the Supreme Court has today deemed this decision discriminatory under Section 27(4) of the Constitution which states that the State cannot discriminate against any person on any grounds.
The court clarified that all individuals, regardless of sexual orientation would face sanctions if they break existing laws. The court also clarified that the use of the word “sex” in Article 27(4) refers to sexual orientation not just the act of sex itself. The Penal Code states that engaging in same-sex sexual activities is a criminal offence that carries a prison sentence. The penal code’s Sections 162 and 165 criminalize male homosexual relationships, and Section 163 imposes a seven-year prison term.
This is a delicate issue…
This is a delicate issue. Citizens of a functioning democracy should have the inalienable right to freedom of assembly but on the same token, society also the right to maintain its social identity and culture. Diversity at times is not a very admirable norm.
Yes. You’re right. This is…
Yes. You’re right. This is complicated. There is no freedom of assembly in furtherance of an illegal activity. For instance, an association of group members for the trafficking of marijuana in the country cannot be legally recognized. Homosexuality is not legal in Kenya.
Homosexuality is the Reason…
Homosexuality is the Reason GOD destroyed Sodom(y) and Gomorrah. But because Churches ate Ruto’s money: They ain’t Talking. Kigeu-geu AmeWaramba?.
It’s time to have cultural…
It’s time to have cultural and language associations. This will create firm separations. Language rights are human rights and cultural rights are human rights. All languages and culturesin Kenya will soon be promoted and respected languages.
All human rights will soon be protected in Kenya and separation will be Natural….
LGBTQ in Kenya will soon have separate churches, separate gods, separate schools and separate courts and separate laws.
The God of Kenya is still on the throne.
U give devil an inch he will…
U give devil an inch he will take a mile
All those mathafakin…
All those mathafakin homophobes including M7 and equally backwards African strongman dictators and murderers will just have to gang themselves by the neck using a wire until they are dead ?
The court has put forth…
The court has put forth cogent reasons as to why the NGLHRC should be allowed to register their group.Note that this cannot be miscontrued to mean that the courts are legalizing homosexuality.
Now as for the question of homosexuality,we cannot ignore the fact that they exist in Kenya just as they exist in any human society.I have no problems with homosexuals just like I have no problem with heterosexuals,so long as they are law abiding citizens.
I do not agree with criminalizing homosexuality,and putting the so called offenders in prison.We are making too much of a big deal on sex.Even in heterosexual relations, sex is just one component.Let us focus on more productive issues, that would build our nation.Yes issues like- security/insecurity,corruption, moral decadence, education,employment/unemployment,housing,crime,absentee fathers…etc. I dont think whom you “mount” or love, has any bearing on the welfare of the community with regard to the issues I have mentioned,but your positive contribution to society does.
Imagine homosexuality as a…
Imagine homosexuality as a norm in our society, then factor in our children in All Boy’s Boading High Schools and All Girl’s Boading High Schools. We do not want our children to inherit from us the idea that there is another option to a boy and a girl in intimate relationships. And the whole of this nonsense is just a choice, really. Science still insists that homosexuality is a choice that people make- to be or not to be (Ref: Scientific American; Massive Study Finds No Single Genetic Cause of Same-Sex Sexual Bahaviour). Of course, one should have freedom to choose but, you only choose from the available options. If we add homosexuality to the menu, we cannot blame our children for making that choice just because its available and its fun. Also, if we tell our children that there is nothing wrong with homosexuality and they end up making that choice, we will have made that choice for them because as children, they don’t have suffient brain power to do so. We will remain responsible for their choice forever.
@ Mwororo, I hear you.Iam…
@ Mwororo, I hear you.Iam neither for against homosixuality mindfull that studies tell us that there has always existed at least ten % of homosexuals in human societies. It also exists in the animal kindom.So even if it is a choice, my contention is what it will always remain around 10%,which is no threat to the 90% that are most likely heterosexuals.
Now tell me the damage homosexuality causes? Especially if they are productive citizens?Should all the positive contributions be nagated by their sexual preference?
Finally why would one chose to be a homo,aware of the backlash,and even treat of harm to their self?
@ Mwororo,its all about sex…
@ Mwororo,its all about sex right?Do you know countries like South Korea, Japan,and afew European countries are having apopulation decline problem?Heterosexuals aren’t having sex much,or wanting children. It’s only in thirdword countries that you have these high birth rate.My point here is that ,if there is any “social damage” it would come from heterosexuals.
@guest, homosexuality…
@guest, homosexuality doctrine is all about sex and nothing else. Heterosexuals X sex = possibly a child. Homosexuals X sex = nothing- Zero. Homos claim love as an ingredient to rationalize their confused state, but that’s only meant to invoke the Bible. You love your siblings and your parents yet you don’t have to be a homo to do so. Homosexuality is a deliberate disobedience to the laws of nature. But, you cannot see with your nose or hear with your mouth. If you jump from a top a building, you will crash to death- that is the law of gravity. There is a divine purpose for why things are. When people smack two women pu—es together, its an ugly thing. A man’s part put in a woman’s pu–y, fits perfectly. Order of nature!
its the beginning of the…
its the beginning of the destruction of society and all the struggle and preposition you mentioned above. Just like the land of milky and honey will end up destroyed in less than a century by the Gen Z who have no issues with homosexuality and often complains on they own problems to the aliens.
Shetani please usihamie…
Shetani please usihamie Kenya. Ngoma! Western ideas diminishing African cultures one by one. Eti polygamy is evil and Gatina FC is angelic. Which one produces humans?? Bure kabisa!
All the religious books…
All the religious books forbidden such acts and including even fornication at that length. Diversity is a missed up preposition in the value of democracy in terms of our origin sexual orientation. Now parliament has to act faster to halt the land high office from leading us towards the Kenya of Sodom and Gomorrah.
Of all books why did you…
Of all books why did you pick on religious books.How about what science books have to say> That does not count?
yes in your own right it may…
yes in your own right it may not count but if you do have family will make you understand and even grasp the ideology of religion in the context of raising children.
Kitu cha kwanza ambacho…
Kitu cha kwanza ambacho kinastahili kupigwa marufuku katika Bara La COHO ni imani bandia za dini zote za kigeni.
Sikiliza mwana historia marehemu Basil Davidson anavyosema juu ya ” Biblia na Bunduki – Bible and the Gun.”
https://youtu.be/MNWA2cOS7sg?si=MlTlMTAZhQS5Xtdk
Let them associate, grow and…
Let them associate, grow and flourish. LGBTQ and the like are what Kenya needs to stem the runaway population growth. Kenyans huge population growth inconsistent with the country’s economic growth is the main reason that the country cannot provide for it’s people, education, health, jobs name it. Gays won’t reproduce, and the less new people we have, the better for us all.
@Mutuura Mwangi,how do you…
@Mutuura Mwangi,how do you explain why countries like China, Japan,that excess economically despite having density population much higher than that of Kenya.It is also important to note that Japan is in a population decline crisis-reason, heterosexuals are not reproducing,or having much sex. I wonder if ‘this thirst’ for sex is overblown…