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Photo: Members of the LGBTQ community after the Supreme Court ruling on NGO registration rights Feb 24, 2023 (Source: X)
Sharp debate has erupted as religious and political leaders condemn the decision of Kenya’s apex court to allow registration of LGBTQ associations. This is sparking mixed reactions between the African values and the right of association. The word 'LGBTQ' is an abbreviation for lesbian, gay, bisexual, transgender and queer or questioning.Religious Leaders' Perspective
Religious leaders have continued to oppose homosexuality and lesbianism. Moreover, according to Archbishop Arthur Kitonga, Bishop Calisto Odede among others, have insisted that LGBTQ conflicts with their religious beliefs and teachings
Basis of the Court's Decision on LGBTQ
According to the Supreme Court, the decision to deny LGBTQ members the right to register as an NGO in the previous decision was illegal and discriminatory. The court ruled that it is discriminatory to deny registration under Article 27(4) of the constitution which supports fairness and equality on matters based on sex, whether heterosexual, lesbians, gay or intersex.Therefore, the act would have excluded people based on their sexual orientation. This conflicts with the principle of human dignity, inclusiveness, equality, human rights and non-discrimination.
What next?
All eyes are now focused on the Kenya’s legislative house for further legal clarification on the matter. Kenyans await Parliament's response and Supreme Court's final ruling.
As of 2026, the ruling addressed NGO registration rights. It did not amend section 162 of the Penal Code. Kenyans seeking legal clarity can check the ruling on kenyalaw.org
Following the Feb 24, 2023 decisions, MPs including Kiambu Women Rep Ann Wamuratha said they would bring a motion to Parliament. As of 2026, no new law on the matter has been passed.
How the United States is handling LGBTQ debate
As Kenya remain in a contradictory NGO registration since 2023, the US is stuck dealing with two debates as of 2026 as discussed below.
1. LGBTQ marriage support rate decreases as of 2026
Following Kenya's LGBTQ controversy in the past years, other countries such as American seem to face similar issues. According to Orion Rummler, LGBTQ independent reporter, on June 9, 2026, citing The 19th, reported that in the last 5 to 6 years, marriage of the same gender was highly supported as compared to 2026.
The report shows that currently, only 37% of Republicans support it unlike in 2021-2022 when it was 55%. According to Orion, in America currently, there has been a decrease in people supporting same-gender marriages from 71% in 2022 to 65% in 2026.
According to the report, the cause of same-gender marriage decrease proposal has been due to anti-LGBTQ campaign. Another reason as reported is that at least 50 organizations are pressuring the American government to stop same-sex marriage law.
2. US Department of Housing (HUD) proposal shelter assignments
According to Kate Sosin, LGBTQ Reporter at The 19th, in a report on May 1, 2026 about 40% of LGBTQ young people are currently homeless in the United States. As reported, despite 2012 US Department of Housing (HUD) decision that no discrimination in shelters based on gender, the department under the federal government has proposed a new rule that says that shelters will only be assigned based on birth certificate sex only. This rule has led to many transgender people homeless with nowhere to reside.
Kenya and U.S Comparison on LGBTQ debate as of 2026
•Kenya's main concern is whether LGBTQ group should have NGO registration while US main issue is on LGBTQ same-sex marriage and transgender shelter ownership.
• In Kenya, there are no new laws yet under Section 162 Penal Code while U.S government legally allowed same-sex marriage since 2015.
• As of today, no new law on LGBTQ debate where as in US there's a decrease in LGBTQ same-sex marriages as per reports.
Disclaimer: The above article is for informational purpose only and does not guarantee legal advice. For official legal clarification refer to Kenyan Law and Judiciary of Kenya and Parliament.
Story updated on: September 8, 2026 by John Muia | InstandTrend
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John Muia is the founder and Editor in InstandTrend. The Journalist is experienced with skills in creative writing, news coverage and fact-checking in digital and print media.