<
https://www.fairplanet.org/story/inside-kenyas-landmark-lgbtq-rights-victory-supreme-court/>
"Kenya's queer community cautiously embraces optimism in the wake of a historic
Supreme Court ruling.
Eric Gitari, a Kenyan attorney and rights activist, embarked on a mission in
2013 to establish an NGO that would address the violence and abuse suffered by
LGBTQ+ individuals in the country. This endeavour set in motion a protracted
legal battle spanning a decade, ultimately resulting in a groundbreaking ruling
that authorised the formation and registration of LGBTQ+ organisations in
Kenya.
Back when Gitari had first sought to register his NGO, the state-run
Non-Governmental Organisations Coordination Board declined his application on
the grounds that "the people whose rights the proposed NGO will seek to protect
are gay and lesbian persons."
On 12 September, 2023, the Supreme Court of Kenya upheld a decision granting
Gitari’s National Gay & Lesbian Human Rights Commission (NGLHRC) the right to
be registered as an NGO.
The high court had further determined that the NGOs Co-ordination Board had
erred in "failing to accord just and fair treatment to gay and lesbian persons
living in Kenya seeking registration of an association of their choice."
Article 36 of the constitution of Kenya guarantees the right to freedom of
association for every person. This includes the right to form, join or
participate in the activities of an association of any kind. The article
further states that registration may not be withheld or withdrawn unreasonably.
Many in the country are viewing the Court's ruling as a monumental win for a
community long deprived of the right to legally register associations despite
overarching guarantees of equality for all spelled out in the country’s
constitution.
Moving forward, LGBTQ+ individuals in Kenya will be able to register
organisations without facing any discriminatory obstacles based on their sexual
orientation."
Via
Future Crunch:
https://futurecrunch.com/226-eighth-continent/
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
