Africa
Kenyan Supreme Court rules LGBTQ, intersex group can register as NGO
Former NGLHRC executive director brought case in 2013
The Kenyan Supreme Court on Friday in a 3-2 ruling said an LGBTQ and intersex rights group must be allowed to register as a non-governmental organization.
Eric Gitari, the former executive director of the National Gay and Lesbian Human Rights Commission, in 2013 challenged the Kenya NGO Coordination Board’s decision not to allow him to register the NGLHRC as an NGO because it contained the words “gay” or “lesbian.”
The Kenyan High Court and the country’s Court of Appeal ruled in Gitari’s favor in 2015 and 2019 respectively.
“The court was of the view that the appellant’s decision was discriminatory and that it would be unconstitutional to limit the right to associate, through denial of registration of an association, purely on the basis of the sexual orientation of the applicants,” reads the ruling. “The court noted that by refusing to register the NGO, the persons were convicted before they contravened the law. The court however pointed out that all persons, whether heterosexual, lesbian, gay, intersex or otherwise, will be subject to sanctions if they contravene existing laws, including Sections 162, 163 and 165 of the Penal Code.”
NGLCC in a tweet described the ruling as a “victory for Kenya’s LGBTIQ+ community.”
BREAKING: Victory for Kenya’s LGBTIQ+ community as the Supreme Court affirms the right of the National Gay and Lesbian Human Rights Commission to register as an NGO. #EqualityWins #FreedomOfAssociation #Victory #JusticePrevails pic.twitter.com/Uk4Pg2NXeV
— #Repeal162 because #LoveIsHuman (@NGLHRC) February 24, 2023
“The Supreme Court’s decision to uphold the lower courts’ rulings is a triumph for justice and human rights,” said NGLHRC Executive Director Njeri Gateru in a press release the Human Dignity Trust, a London-based human rights group, issued. “At a time where the Kenyan LGBTIQ+ community is decrying the increased targeting and violence; this decision affirms the spirit and intention of the Constitution to protect all Kenyans and guarantee their rights.”
Kenya is among the countries in which consensual same-sex sexual relations remain criminalized.
The Washington Blade earlier this month reported the Kenyan government is cracking down on foreign books with gay content that it feels targets teenagers. Discrimination based on sexual orientation and gender identity remains commonplace, but the country’s law that extended legal recognition and protections to intersex people took effect last summer. Kenya, according to the U.N. Refugee Agency, is the only country in the region that offers asylum to those who are fleeing anti-LGBTQ persecution.
The Supreme Court issued its ruling on the same day U.S. first lady Jill Biden arrived in Nairobi, the Kenyan capital.
President Joe Biden in 2021 signed a memo that committed the U.S. to the promotion of LGBTQ and intersex rights abroad as part of his administration’s overall foreign policy. State Department spokesperson Ned Price, who is openly gay, in a previous interview with the Blade noted the decriminalization of consensual same-sex sexual relations is a priority under this directive.
Senegal
Senegalese lawmakers approve bill to further criminalize homosexuality
A dozen men arrested in February for ‘unnatural acts’
Senegalese lawmakers on Wednesday approved a bill that would further criminalize consensual same-sex sexual relations in the country.
The Associated Press notes the measure that Prime Minister Ousmane Sonko introduced in February would increase the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The AP further indicates the bill would prohibit the “promotion” or “financing” of homosexuality in the country.
The bill passed with near unanimous support. Only three of 135 MPs abstained.
President Bassirou Diomaye Faye is expected to sign the measure.
The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in Senegal.
Senegalese police last month arrested a dozen men and charged them with committing “unnatural acts.”
Volker Türk, the U.N. high commissioner for human rights, in a statement described the bill as “deeply worrying.”
“It flies in the face of the sacrosanct human rights we all enjoy: the rights to respect, dignity, privacy, equality and freedoms of expression, association, and peaceful assembly,” he said.
Türk also urged Faye not to sign the bill.
“I urge the president not to sign this harmful law into effect, and for authorities to repeal the existing discriminatory law and to uphold the human rights of all in Senegal, without discrimination,” said Türk.
Uganda
Ugandan activist named Charles F. Kettering Foundation fellow
Clare Byarugaba founded PFLAG-Uganda
The Charles F. Kettering Foundation has named a prominent Ugandan LGBTQ activist as one of its 2026 fellows.
Clare Byarugaba, founder of PFLAG-Uganda, is one of the foundation’s five 2026 Global Fellows.
Byarugaba, among other things, has been a vocal critic of Uganda’s Anti-Homosexuality Act. Byarugaba in 2024 met with Pope Francis — who criticized criminalization laws during his papacy — at the Vatican.
The foundation on its website says it “is dedicated to bringing research and people together to make the promise of democracy real for everyone, everywhere.”
“Clare is the kind of hero who rushes toward the emergency to help,” said PFLAG CEO Brian K. Bond in a Feb. 27 statement to the Washington Blade. “She founded PFLAG-Uganda as the country pushed to criminalize homosexuality and those who support LGBTQ+ people. Yet, she never hesitated in her courage, telling us that families wanted to organize to keep their LGBTQ+ loved ones safe, and PFLAG was the way to do it. Clare Byarugaba not only deserves this honor, but she will use her compassion and experience to teach the world about LGBTQ+ advocacy as a Kettering Global Fellow.”
Africa
LGBTQ groups question US health agreements with African countries
Community could face further exclusion, government-sanctioned discrimination
Some queer rights organizations have expressed concern that health agreements between the U.S. and more than a dozen African countries will open the door to further exclusion and government-sanctioned discrimination.
The Trump-Vance administration since December has signed five-year agreements with Kenya, Uganda, and other nations that are worth a total of $1.6 billion.
Kenyan and Ugandan advocacy groups note the U.S. funding shift from NGO-led to a government-to-government model poses serious risks to LGBTQ people and other vulnerable populations in accessing healthcare due to existing discrimination based on sexual orientation.
Uganda Minority Shelters Consortium, Let’s Walk Uganda, the Kenya Human Rights Commission, and the Center for Minority Rights and Strategic Litigation note the agreements’ silence on vulnerable populations in accessing health care threatens their safety, privacy, and confidentiality.
“Many LGBTQ persons previously accessed HIV prevention and treatment, sexual and reproductive health services, mental health support, and psychosocial care through specialized clinics supported by NGOs and partners such as USAID (the U.S. Agency for International Development) or PEPFAR,” Let’s Walk Uganda Executive Director Edward Mutebi told Washington Blade.
He noted such specialized clinics, including the Let’s Walk Medical Center, are trusted facilities for providing stigma-free services by health workers who are sensitized to queer issues.
“Under this new model that sidelines NGOs and Drop-in Centers (DICs), there is a high-risk of these populations being forced into public health facilities where stigma, discrimination, and fear of exposure are prevalent to discourage our community members from seeking care altogether, leading to late testing and treatment,” Mutebi said. “For LGBTQ persons already living under criminalization and heightened surveillance, the loss of community-based service delivery is not just an access issue; it is a full-blown safety issue.”
Uganda Minority Shelters Consortium Coordinator John Grace said it is “deeply troubling” for the Trump-Vance administration to sideline NGOs, which he maintains have been “critical lifelines” for marginalized communities through their specialized clinics funded by donors like the Global Fund and USAID.
USAID officially shut down on July 1, 2025, after the White House dismantled it.
Grace notes the government-to-government funding framework will impact clinics that specifically serve the LGBTQ community, noting their patients will have to turn to public systems that remain inaccessible or hostile to them.
“UMSC is concerned that the Ugandan government, under this new arrangement, may lack both the political will and institutional safeguards to equitably serve these populations,” Grace said. “Without civil society participation, there is a real danger of invisibility and neglect.”
Grace also said the absence of accountability mechanisms or civil society oversight in the U.S. agreement, which Uganda signed on Dec. 10, would increase state-led discrimination in allocating health resources.
Center for Minority Rights and Strategic Litigation Legal Manager Michael Kioko notes the U.S. agreement with Kenya, signed on Dec. 4, will help sustain the country’s health sector, but it has a non-binding provision that allows Washington to withdraw or withhold the funding at any time without legal consequences. He said it could affect key health institutions’ long-term planning for specialized facilities for targeted populations whose independent operations are at stake from NGOS the new agreement sidelines.
“The agreement does not provide any assurance that so-called non-core services, such as PrEP, PEP, condoms, lubricants, targeted HIV testing, and STI prevention will be funded, especially given the Trump administration’s known opposition to funding these services for key populations,” Kioko said.
He adds the agreement’s exclusionary structure could further impact NGO-run clinics for key populations that have already closed or scaled down due to loss of the U.S. funding last year, thus reversing hard-won gains in HIV prevention and treatment.
“The socio-political implications are also dire,” Kioko said. “The agreement could be weaponized to incite discrimination and other LGBTQ-related health issues by anti-LGBTQ voices in the parliament who had called for the re-authorization of the U.S. funding (PEPFAR) funding in 2024, as a political mileage in the campaign trail.”
Even as the agreement fails to safeguard specialized facilities for key populations, the Kenya Human Rights Commission states continued access to healthcare services in public facilities will depend on the government’s commitment to maintain confidentiality, stigma-sensitive care, and targeted outreach mechanisms.
“The agreement requires compliance with applicable U.S. laws and foreign assistance policies, including restrictions such as the Helms Amendment on abortion funding,” the Kenya Human Rights Commission said in response to the Blade. “More broadly, funded activities must align with U.S. executive policy directives in force at the time. In the current U.S. context, where executive actions have narrowed gender recognition and reduced certain transgender protections, there is a foreseeable risk that funding priorities may shift.”
Just seven days after Kenya and the U.S. signed the agreement, the country’s High Court on Dec. 11 suspended its implementation after two petitioners challenged its legality on grounds that it was negotiated in secrecy, lacks proper parliamentary approval, and violates Kenyans’ data privacy when their medical information is shared with America.
The agreement the U.S. and Uganda signed has not been challenged.
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