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Attorney General appeals ruling on gay registration

The Attorney General on Wednesday filed an appeal against a landmark ruling that allowed gays and lesbians to register an umbrella organisation to defend their human rights.

The High Court on Monday ruled that the group has a right of association under the Constitution. The suit was lodged by a Mr Eric Gitari.

But the AG now wants the entire decision of the three judge bench comprising Mr Justice Isaac Lenaola, Lady Justice Mumbi Ngugi and Mr Justice George Odunga reversed.


In the notice of appeal filed at the High Court Registry, Professor Githu Muigai is challenging the ruling on the grounds that the registration of a proposed NGO under a composite name that includes words which are not legally acceptable is prohibited.

He cited the NGO Coordination Act, regulations and sections of the penal code.

Prof Muigai argued that the law denies the NGO Coordination Board any discretion to effect such registration.

“These being matters subject of existing legislation, it is therefore clear that the NGO Coordination Board, in declining the proposed names of the NGO, was only acting in accordance with the law.