In a recent judgment, the Supreme Court of Kenya declared that the National Gay and Lesbians Human Rights Commission should be duly registered, with lesbians and gay as part of its name.
This ends a 10-year court battle between the NGOs Coordination Board and the commission that works with and for LGBTQ+ persons in Kenya. This upholds the constitutional freedom of association under Article 36 and the promotion of national values under Article 10.
The terms “gay and lesbian” were in this case rejected by the board, which cited a number of reasons, majorly around the perception that homosexuality is illegal and all persons who identify as LGBTQ+ should not freely associate or be allowed to build themselves and society freely.
This, in my opinion, was silencing LGBTQ+ persons from the concept of 'family values' that has continued to discriminate against people who identify as LGBTQ+ from the view that a family is or can only be made up of male and female, as opposed to any other beautiful sexual orientation, gender identities and expressions.
Within this case, the NGOs Coordination Board told the Supreme Court that organisations can be registered to protect the rights of persons but not to promote activities that violate any laws or policies. Being queer LGBTQ+ is not being different.
The LGBTQ+ in Kenya and in East Africa continue to face a number of challenges and issues, from violence, stigma, evictions, and murder, amongst other issues that continue to not be condemned by the public and the government.
LGBTQ+ persons and groups are not seeking special rights; basic human rights are not special rights. The right to get and keep a job based on merit is not a special right; the right to be served food in a restaurant is not a special right; the right to have housing is not a special right; the right to walk down a street and not be attacked because of who you are and whom you love is not a special right.
Registering of initiatives and organisations that offer assistance to sexual and gender minority persons; LGBTQ+ and queer should not be stalled, barred or stopped on any form of basis, from family values, national interest, or security concerns and in turn discriminate against sections of the community.
Discrimination and violence against the LGBTQ+ community in Kenya are real and human rights issues. Organisations like the commission, NGLHRC with its partners, offer information, services, reproductive health services, counselling, therapy, and justice, amongst other solutions to the pressing needs of LGBTQ+ persons from the rampant, always increasing social and health issues, including growing cyberbullying and violence towards them.
The decision by the Supreme Court affirmed those by both the High Court and the Court of Appeal, which further ensures that freedom of association of all persons despite sexual orientation, gender identity and expression is allowed in Kenya.
Violence and discrimination against the LGBTQ+ community have and should not have a place in any community or society. LGBTQ+ persons are entitled to exercise their constitutionally guaranteed freedom. LGBTQ+ persons have a right to equality and freedom from discrimination of all forms. They require equal protection against any form of violence and the right to equality, including all fundamental freedoms.
“The court’s decision reinforces the importance of upholding the Constitution’s guarantees of equality and non-discrimination and serves as a victory for all those working to promote and protect human rights in Kenya,” the NGLHRC stated.
This decision sets a milestone as we continue to push for the full realisation of human rights for all individuals, regardless of their sexual orientation, gender identity and expression. LGBTQ+ rights are human rights.
LGBTQ+ youth activist @alvinmwangi254