Kenya, Kenyan Kuchus and the Right to Organise

 

It seemed like a small thing, a small issue, nothing to really cry home about, or.., to cause any fracas. A group of Kenyans wanted to form a legally recognised group, to advocate for things that concerned them.
The group proudly wanted to name themselves the Kenyan National Gay and Lesbian Human Rights Commission (NGLHRC). Very proud name.

The registrar was tipped off by the ‘Gay’ and ‘Lesbian’ words in the name. The registration was denied. Reason given? 

“In 2012, Eric Gitari, the former Executive Director of NGLHRC, challenged the Kenya NGO Coordination Board’s refusal to allow him to apply for registration of an NGO under a name containing the words “gay” or “lesbian””

          At the High Court in 2015, the judges ruled in his favour. The case was appealed, and again the ruling was in his favour at the Court of Appeal in 2019.

A final appeal to the Supreme Court was done.
The contention was that ‘criminalised’ people shouldn’t have a right to associate. And the answer has been emphatic, even from a divided court.

“The Supreme Court of Kenya on Friday, February 24 (2023) ruled that the NGO Board’s decision to bar homosexuals from forming recognised groups is discriminatory”

A ten years journey. Multiple courts, all returning the same singular verdict.

“registration was not about the moral and religious views of Kenyans, since the constitution does not set a limit of rights.
"Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind," the judges ruled, quoting Article 36 of Kenya's constitution.”

Kuddos to the Kuchus of Kenya. That was a fight well fought. It cannot have been easy. Sweat, toil, money. Commitment. Just to affirm a right other Kenyans enjoy as a matter of course. Congratulations, indeed.

It is the response from non-gay Kenyans that was most damning. It is summed up in ‘HOW DARE THEY?!’

“In order to protect Kenyans and respect the Constitution, KCCB members call on the Supreme Court to review its ruling and overturn the decision. “We insist that the Supreme Court of Kenya reviews this ruling,”
says the Kenya Christian Proffesionals’ Council

          The sky is falling down!!!
““Seeks to destroy life”: Catholic Bishops in Kenya “the continuity of humanity is put at risk by homosexual acts.”

          “Kenya's First Lady Rachel Ruto has declared national prayers against homosexuality in the country, declaring the practice as a threat to the institution of the family.”

Politicians were hardly less restrained.

          “The Vice President Rigathi Gachagua has reiterated the East African nation's long-standing decision not to“condone” same-sex relations.”

President Ruto kind of brushed it off; ‘homosexuality and issues around it were, however, not a 'real issue' for ordinary Kenyans as compared to issues of unemployment and hunger.’

The judges nailed the objections on the head. The Kuchus are Kenyans. They have the constitutional right to meet. That right doesn’t depend on the moral and religious objections of other Kenyans. It is as simple as that.

Of course it is not that simple. The struggle continues. Kenyan Kuchus have to actualise their win, and strengthen their work on their own behalf. Because the anti-gay forces are energised.

 

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