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 court first made the verdict in February this year saying the NGO coordination board erred by refusing to register the NGLHRC, thereby denying it formal organization recognition.
The board claimed NGLHRC "promoted same-sex conduct."
Following the apex court's ruling, Homa Bay Town MP Peter Kaluma filed an appeal against the judgment in the same court but his arguments were thrown out by the court on Tuesday.
The five-judge bench led by Deputy Chief Justice Philomena Mwilu said the court could not sit on appeal or review its decisions.
The bench which also included Justices Njoki Ndungu, Mohamed Ibrahim, Smokin Wanjala and William Ouko said the apex court could only sit on appeal or review its decision in the manner provided for by Section 21A of the Supreme Court Act.
The Act says the Supreme Court may make any order, or grant any relief on an appeal in proceedings heard in any court or tribunal, that could have been made or granted by that court or tribunal.
"The applicant has not demonstrated how this matter conforms to the specific parameters enumerated under Section 21A of the Supreme Court Act," the court said.
In a statement on Tuesday, KHRC commended the apex court for reaching that decision saying the right to association and freedom from discrimination cannot be restricted.
"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.
The commission said LGBTQI+ individuals still confront violence and discrimination, serving as a stark reminder that the fight for equality is still ongoing.
It, however, said it will keep pushing until LGBTQI+ persons can enjoy all their rights, free from discrimination and violence.
"KHRC will not stop defending everyone's rights, regardless of their sexual orientation or gender identity," it said.
