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When the Supreme Court of Kenya ruled that the government was discriminating against the LGBTQ community from meeting, they stated that though homosexuality is a crime in Kenya, every Kenyan has the right of association. Therefore, the National Gays and Lesbians Human Rights Commission could be registered officially as an NGO.
According to the United Nations Human Rights Office of the High Commissioner (OHCHR), it is the right of peaceful assembly and association, which are vital components of democracy. It involves individuals having the freedom to interact and organize among themselves collectively express, promote, pursue, and defend common interests. It also includes the right to form trade unions.
This comes when there is a strong ongoing debate in Kenya’s democracy about the Lesbian, Gays, Bisexuals, Transgender, Queer (LGBTQ) community having the freedom to form an organization. The Supreme Court of Kenya ruled that the refusal by the NGO Coordination board to register the LGBTQ NGO is a violation of their right to associate.
Kenya is largely a conservative community and deeply rooted in African ethics. Many politicians and religious leaders have condemned the ruling and have registered their disdain, threatening action if such a thing was actualized in Kenya. Kenya’s President William Ruto added his voice into the debate saying that Kenya’s law doesn’t make any provisions for homosexual relationships.
“You know me very well, I am a God-fearing man and whatever happened at the court, even if we respect the court, our culture, values, Christianity and Islam cannot allow women to marry each other, or men to marry fellow men,” said the President.
What does the Kenyan constitution say?
- Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind.
- Any legislation that requires registration of an association of any kind shall provide that–
(a) registration may not be withheld or withdrawn unreasonably; and
(b) there shall be a right to have a fair hearing before a registration is cancelled.
