The Court of Appeal has allowed an LGBTQ lobby group to be enjoined in an appeal filed by a former employee.
In the appeal, EG appealed the High Court decision to dismiss their case that's challenging the criminalisation of same sex relations.
The court has allowed the National Gay and Lesbian Human Rights Commission to be enjoined as an interested party in the case.
In their ruling delivered Friday, Chief Justice Martha Koome, Justices Patrick Kiage and Agnes Murgor said it was important that the organization is allowed to be a party to the case.
"While it's not lost to us that EG is a member of the LGBTQ community, we are persuaded that the inclusion of the applicant in the appeal will not in any way prejudice the proceedings or the parties," the court ruled.
The court is of the view that the inclusion of the group will afford the court an opportunity to hear the various perspectives of the concerned parties which will, in turn, enable it conclusively to determine the matter.
The lobby group had told the court that it was established for purposes of protecting and promoting the inherent dignity, basic rights and fundamental freedoms of Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTQ) person's in Kenya
It wanted to be enjoined in the case of their former employee EG who had appealed the high court's decision that dismissed their petition in 2019.
They argued that EG never served them with the notice of appeal and they didn't know of it until last year
EG had opposed its joinder on grounds that it was an abuse of the court process and would only delay his appeal.
He argued that he had filed the appeal on his own behalf as well as on behalf of the LGBTIQ community claiming that the lobby group was not bringing anything new to the table.
