In February, 24th 2023, the Supreme Court upheld the previous rulings of the High court in 2015 and the court of appeal in 2019 towards registration of the organization with the words ‘gay’ and ‘lesbian’ in the name. This was a battle that had started way back in 2013. The Executive Director of NGLHRC then, Eric Gitari filed a case in court when the NGO coordination board refused to register the organization with the words. The ruling sparked many controversial reactions, and widespread misinformation in the country. Many Kenyans who didn’t have the first hand information or access to the right channels of information were made to believe that the court had legalized same sex marriages when the ruling was made. The president, William Ruto, on many occasions criticized the ruling and said that the country can not allow same sex marriages despite the court ruling on mere freedom of association by allowing registration of the organization with words ‘gay’ and ‘lesbian’ in the name.
“The Supreme Court’s decision to uphold the lower courts’ rulings is a triumph for justice and human rights. At a time where the Kenyan LGBTIQ+ community is decrying the increased targeting and violence; this decision affirms the spirit and intention of the Constitution to protect all Kenyans and guarantee their rights,” said Njeri Gateru, the current Executive Director at NGLHRC.
The organization has been giving updates on the truth amidst the false statements that have been circulating.
As queer individuals, such wins encourage us to continue fighting for what is right and truthful. It may take long but it will be worth it in the end.
However, the Member of Parliament for Homabay county, Mr. Kaluma, petitioned the ruling on 9th March, 2023, citing that the court had been fraudulent, deceitful and was misled in the judgement. Kaluma has since proposed a ‘Family protection bill’ that he has submitted to parliament for discussions. The bill borrows a lot from the recently passed Ugandan Antihomosexuality Bill that has very severe punishment for homosexual acts including death sentence. In his views, he claims and believes that the courts decision promotes homosexuality acts in the country, despite being illegal, which is a threat to the family order and values.
12th September 2023
On Tuesday, 12th September, the supreme court reaffirmed the win of NGLHRC case again. The court stated the following; “In our view, the application is a disguised appeal from this Court’s judgment and does not fall within the confines of the parameters prescribed for review by statute and applicable case law. Therefore, the application stands dismissed.”
The court furthere stated that; “The applicant has not demonstrated how his matter conforms to the specific parameters enumerated under Section 21A of the Supreme Court or in the Outa case; neither has he demonstrated to our satisfaction that the impugned Judgment was obtained by fraud or deceit, is a nullity, or that the court was misled into giving its judgment under a mistaken belief that the parties had consented thereto”.
The NGLHRC applauded this judgement and released an immediate statement on the same. “Today’s decision is not just a victory for NGLHRC or the LGBTQ+ community but for the enduring principles of freedom of association and assembly encapsulated in Article 36 of the Kenyan constitution thirteen years after its promulgation”, the statement said. The organization further “expressed their gratitude to the Supreme Cpourt for their commitment to upholding the rights and freedoms of all Kenyans as a bastion of justice”. They also “extended their appreciation to their supporters, allies, and everyone who had stood besides them on the transformative journey”.
The court also dismissed the petition based on other factors such as the applicant having not been a ‘party’ in the initial case. He was ordered to catre for all the bills that pertained to the petition.
The MP expressed his dissatisfaction with the courts decision following the courts statement of him not being a party in the earlier proceedings. He said that he will return to the Supreme Court until it reverses the definition of ‘sex’ under Article 27(4) to include ‘sexual orientation’. He also insisted that he will continue to push for the proposed family protection bill.
The rulling sparked country wide violence, hatred and demonstrations towards the LGBTQ+ individuals. A group by the name ‘Anti-LGBTQ Movement’ held demonstrations on the 15th of September, a few days after the rulling, to protest the existence of LGBTQ communities, with pure intents of attacks based on their social media posts. The Centre for Minority Rights and Strategic Litigation, on 30th August wrote a letter to the Office of the Inspector General of Police, requesting for ceasation of the planned attacks on LGBTQ members and allies in the country. Many organizations issued statements cautioning people to be vigilant and not to publicly wear clothing or accessories that depict their sexuality until the atmospheric tension cools down.
The coastal region was marked as a red zone, in areas such as Bamburi, Mtambo, Kisauni, Masjid Sakina, Changamwe, TSS Masjid, Pembe za Ndovu, Naivas Likoni, Ferry Bondeni Masjid, Msikiti wa Joho and Makadara grounds, Malindi and Kilifi. Other areas such as Eldoret, and some parts of Kisumu. In a joint statement by INEND, GALCK+, NGLHRC, HAPA-KENYA, UAFI, DEFENDERS KENYA, the organizations condemned the demonstrations that happened on the 15th September and reiterated in their social media post caption that ‘Marginalization is a lethal sociocultural and political tool of division and manipulation that paint other people as “not worthy of human dignity because they are different from us”. Rather than demonstrating against certain sections of the population, how about we dedicate that energy to understanding those you see as “different”!’
The fight for rights is never an ending battle. Minorities have a right to live, love and be loved. Acknowledging the existence of diversity and embracing it is a big step towards fighting marginalization and inequality, and living in peace, love and unity.
Let peace and love reign.
By Emily Ouma.
Such a nice article. There’s hope.
Thank you for that. For sure, we are in this together.