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

Mini Dissertation (LLM (Sexual and Reproductive Rights in Africa))-University of Pretoria, 2024.

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Other Authors: Viljoen, Frans
Format: Thesis
Language:English
Published: University of Pretoria 2025
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access_status_str Open Access
author2 Viljoen, Frans
author_browse Viljoen, Frans
author_facet Viljoen, Frans
collection Thesis
dc_rights_str_mv © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM (Sexual and Reproductive Rights in Africa))-University of Pretoria, 2024.
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2025
publishDateRange 2025
publishDateSort 2025
publisher University of Pretoria
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spelling oai:repository.up.ac.za:2263/100468 Assessing the backlash and pushback to the Supreme Court of Kenya decision in NGO Coordination Board v Gitari and others Viljoen, Frans cynthianjeri94@gmail.com Sipalla, Humphrey Mwangi, Cynthia Njeri UCTD Sustainable development goals (SDGs) Backlash Supreme Court of Kenya Freedom of association Lesbian, gay, bisexual, transgender, queer, and intersex + (LGBTQI+) Pushback Mini Dissertation (LLM (Sexual and Reproductive Rights in Africa))-University of Pretoria, 2024. 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. Centre for Human Rights LLM (Sexual and Reproductive Rights in Africa) Unrestricted Faculty of Laws SDG-10: Reduced inequalities 2025-02-03T20:39:10Z 2025-02-03T20:39:10Z 2025-04 2024-09 Mini Dissertation * A2025 http://hdl.handle.net/2263/100468 Disclaimer letter en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Sustainable development goals (SDGs)
Backlash
Supreme Court of Kenya
Freedom of association
Lesbian, gay, bisexual, transgender, queer, and intersex + (LGBTQI+)
Pushback
Assessing the backlash and pushback to the Supreme Court of Kenya decision in NGO Coordination Board v Gitari and others
title Assessing the backlash and pushback to the Supreme Court of Kenya decision in NGO Coordination Board v Gitari and others
title_full Assessing the backlash and pushback to the Supreme Court of Kenya decision in NGO Coordination Board v Gitari and others
title_fullStr Assessing the backlash and pushback to the Supreme Court of Kenya decision in NGO Coordination Board v Gitari and others
title_full_unstemmed Assessing the backlash and pushback to the Supreme Court of Kenya decision in NGO Coordination Board v Gitari and others
title_short Assessing the backlash and pushback to the Supreme Court of Kenya decision in NGO Coordination Board v Gitari and others
title_sort assessing the backlash and pushback to the supreme court of kenya decision in ngo coordination board v gitari and others
topic UCTD
Sustainable development goals (SDGs)
Backlash
Supreme Court of Kenya
Freedom of association
Lesbian, gay, bisexual, transgender, queer, and intersex + (LGBTQI+)
Pushback
url http://hdl.handle.net/2263/100468