The Supreme Court of Kenya declared discrimination against the LGBTQ community unconstitutional and affirmed their right to association after a 10-year legal battle. The Supreme Court’s decision is mandatory to the lower courts.
In a 3-2 majority decision, the court ruled that article 27 of Kenya’s Constitution, which protects every person from discrimination with an open-ended list of grounds, protects sexual minorities as well.
The court said: "An interpretation of non-discrimination which excludes people based on their sexual orientation would conflict with the principles of human dignity, inclusiveness, equality, human rights and non-discrimination. To put it another way, to allow discrimination based on sexual orientation would be counter to the constitutional principles."
This decision comes at a time when there is agitation for a “third wave of criminalization of homosexual” through anti-sodomy laws in Africa.
Justice has spoken!