Eric Gitari versus Non-Governmental Organisations

Eric Gitari attempted to register a non-governmental organization (NGO) seeking to advance human rights in Kenya. Specifically, the NGO was meant to focus on the violence, discrimination, and other human rights violations regularly perpetrated against the LGBTI community. The Board, the government entity tasked with coordinating and regulating NGO activity in Kenya, rejected the application due to the NGO?s name including references to gays and lesbians. [Gay and Lesbian Human Rights Council, Gay and Lesbian Human Rights Observancy, or Gay and Lesbian Human Rights Organization] In Kenya, gay and lesbian conduct has been criminalized. The Board has the authority to reject an NGO whose name is, ?in the opinion of the Director[,] repugnant to or inconsistent with any law or is otherwise undesirable.? After multiple, unsuccessful attempts to revise the name, Gitari filed suit against the Board for declaratory relief, arguing that the failure to recognize the NGO was a violation of his and others? constitutionally guaranteed right to assemble and requesting an order of mandamus to force the Board to register the NGO. Case Summary and Outcome: Article 36 of the Kenyan Constitution guarantees the right to freedom of association for all persons. This includes members of the LGBTI community. By not allowing an NGO focused on protecting the rights of the LGBTI community, the Non-Governmental Organizations Coordination Board (the Board) violated that organization?s constitutional right to association. Accordingly, the Board?s decision was overturned, and they were directed to allow to the NGO to register.