KHRC welcomes Supreme Court ruling affirming LGBTQ rights
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KHRC commends the Supreme Court ruling affirming LGBTQ rights of association and freedom from discrimination
KHRC commends the Supreme Court ruling affirming LGBTQ rights of association and freedom from discrimination.
The Kenya Human Rights Commission has welcomed the Supreme Court’s reaffirmation of its verdict that the National Gay and Lesbian Human Rights Commission has a right to be registered as a society.
The KHRC expressed its appreciation for the Supreme Court’s ruling in a statement on Tuesday, stating that the freedom from discrimination and the right to association cannot be limited.
“The judges issued their verdict today, reaffirming what we all know. Everyone’s rights must be honoured no matter who they are or who they love,” the commission said.
“The NGO board was wrong all those years and will remain so. The Kenya Human Rights Commission (KHRC) will not stop defending everyone’s rights, regardless of their sexual orientation or gender identity.”
KHRC noted that despite the win, the journey towards a truly inclusive society is far from over.
According to the commission, LGBTQI+ people continue to experience violence and prejudice, which serves as a sobering reminder that the struggle for equality is still ongoing.
However, it vowed to keep fighting until LGBTQI+ people could exercise all of their rights without facing prejudice or violence.
“KHRC will not stop defending everyone’s rights, regardless of their sexual orientation or gender identity,” it said.
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The statement came after the Supreme Court threw out Peter Kaluma’s petition that sought to overturn the ruling on LGBTQ registration in Kenya.
In his case to the Supreme Court, Kaluma requested a stay of the orders directing the NGO Coordination Board to register LGBTQ.
However, the Apex court dismissed Kaluma’s petition on the grounds that the Constitution doesn’t limit the freedom of association of LGBTIQ persons merely due to their sexual orientation.
“Flowing from our findings above, the final orders to be made are as follows: (i) The Notice of Motion dated 9th March 2023 is dismissed,” the ruling read in part.
The Supreme Court held that Sections 162,163 and 165 of the Penal Code and the provisions of Article 24 of the Constitution do not convey the intention to limit the freedom of association of LGBTIQ persons merely due to their sexual orientation.
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