Nairobi, 12 September 2023

The National Coalition of Human Rights Defenders in Kenya (Defenders Coalition) applauds the decision by the Supreme Court of Kenya to uphold its landmark judgment of February 24th, 2023, that upheld the supremacy of the constitution of Kenya regarding freedom of association.

Today’s ruling affirms and acknowledges the right to associate and everyone’s right to enjoy all human rights and freedoms as enshrined in our constitution. Homa Bay Town lawmaker, Peter Kaluma had appealed Supree Court ruling affirming ruling of lower courts allowing the registration of LGBTQ lobby groups under the NGOs Act.

The Supreme Court dismissed the Appeal and found that Mr Kaluma failed to demonstrate that the February ruling on NGLHRC’s registration had been obtained by fraud or deceit or that the court was misled into giving its judgment. “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”.

Defenders Coalition welcomes this affirmation as it champions constitutionalism, specifically Article 27 (4) of the Constitution of Kenya that prohibits the discrimination based on gender, sex, colour, religion, conscience, marital status, pregnancy, health status, ethnic or social origin, colour, age, disability, culture, dress language or birth.

Defenders Coalition will continue to support the safety, security and wellbeing of Human Rights Defenders in Kenya to ensure freedom from harm, especially when advocating for the rights of all Kenyans and global citizens.