The Non-Governmental Organizations Coordination Board rejected the group's request to register in March 2013. The Board said that the name of the organization was “unacceptable,” and that it could not register it because Kenya's penal code “criminalizes gay and lesbian liaisons”.

The court’s decision is a significant victory for the LGBTIQ community in Kenya. The decision clearly stated that the denial of registration of NGLHRC violates Article 36 of the Constitution of Kenya, which protects everyone’s freedom to associate with others, and clearly includes the LGBTIQ community and individuals in Kenya.