Individuals’ sexuality shouldn’t reduce their humanity

The Court of Appeal recently made a historic -- and wise -- decision in asserting that everyone has the right of association even on issues that are controversial, misunderstood and emotive. It was a pity that two of the judges dissented from the clear constitutional and humanrights position on freedom of association. From media reports, it appears they focused on the content of the proposed association which is to legally and peacefully advocate for equality for people within the LGBTIQ community, something they disagreed with.

I have not read the judgement, but I have been working on human rights for decades now. Like many Kenyans, I grew up homophobic, given our fundamentalist Christian and Muslim upbringing, before getting a better understanding of the innate diversity and dynamism of human nature. The case brought out three fundamental issues, in the appeal from a High Court decision on the rights to association for the National Gay and Lesbians Human Rights Commission (NGLHRC).