On 24th February 2022, the Supreme court of Kenya Affirmed freedom of association for people of diverse identities expanding on Article 27 of the Constitution to include non-discrimination of people, a case by the National Gay and Lesbian Human Right Commission.

Case Summary 

• in 2013, NGLHRC Attempted to reserve a name for registration as an NGO with the NGO Coordination Board, but the names were deemed unacceptable.
• After three attempts to change the name, NGLHRC sought the services of an advocate and filed petition 440 of 2013 at the High Court
• 24th April 2015 – The high court confirmed freedom of association for people of diverse identities expanding on Article 27 of the Constitution to include non-discrimination of people. The NGO coordination board appealed the decision, becoming Civil Appeal 145 of 2019.
• 29th March 2019 – The Court of Appeal confirmed the right of association for LGBTQ+ people. The NGO Board Appealed, escalating the matter to the Supreme Court under Petition Number 16 of 2019  
• 24th February 2023 – The Supreme Court of Kenya affirmed the decisions of the High Court and the Court of Appeal 
• The case was NOT about
  • Same-sex marriage  
  • Decriminalisation of same-sex sexual activity (this case is currently at the court of appeal)

In response to the ruling, we have witnessed a sharp increase in hate speech and verbal and physical attacks targeting the LGBTIQ+ community in the country. In total disregard for several sections of the constitution political, state, and religious actors have engaged in targeted attacks against LGBTIQ+ people and institutions that serve this marginalized group. 

Before the ruling of the Supreme Court, an anti-gay movement was already underway in Coast Region. The groups are adamant about spreading hate, especially in the Coast Region speaking of engaging in violence against LGBTIQ+ people and their property.

Here is a safety and security advisory kit that we compiled for your physical and online safety. We also care about your mental wellness thus we have shared some pointers that might help in the same and contacts.