Assessing the backlash and pushback to the Supreme Court of Kenya decision in NGO Coordination Board v Gitari and others

Abstract

This dissertation examines the legal, political, cultural, and religious backlash and pushback following the Supreme Court of Kenya’s decision in NGO Coordination Board v Gitari & Others, which affirmed the right of LGBTQ+ individuals to form associations. The research found that while the ruling was a significant milestone for LGBTQ+ rights in Kenya, it triggered substantial resistance. Legal challenges emerged, including dissenting opinions from justices and cases filed to overturn the decision. Politically, the ruling provoked a backlash from leaders who sought to align with conservative constituents, proposing legislation that mirrored Uganda’s anti-homosexuality laws. Culturally and religiously, the backlash was pronounced, with religious leaders and communities reinforcing homophobic sentiments contributing to ongoing discrimination and violence against LGBTQ+ individuals. This study concludes that while the ruling was a step forward, the ensuing backlash underscores the complexities of advancing human rights in a context where societal norms are deeply intertwined with legal and political structures. The findings suggest a need for continued advocacy, legal reforms, and community engagement to foster an inclusive environment that respects and protects the rights of all citizens.