Appeals Court judges led by Justice Philip Waki, Asike Makhandia and Martha Koome in their ruling said that all human beings should not be denied their fundamental rights because of how they choose to live their lives.
The court noted that the LGBT community has a right to freedom of association and there is nothing unlawful and criminal about the objectives of the proposed NGO.
Homosexuality is illegal in Kenya, a section of the penal code stating that anyone who has "carnal knowledge against the order of nature" can be imprisoned for 14 years.
President Uhuru Kenyatta has previously said that gay rights were not a priority for the country, adding that same-sex relations are not an issue of human rights.
Amnesty International Kenya said in a statement that it is pleased with the 5-judge bench decision to uphold Justice Isaac Lenaola’s 2015 High Court ruling compelling the NGO Coordination Board to register NGLHRC as an organisation that promotes and protects lesbian, gay and bisexual people’s rights.
“The right to freedom of association, which is closely linked to the right to freedom of expression and human dignity, is a right conferred on all persons,” said Irũngũ Houghton, Amnesty International Kenya’s Executive Director.
“This landmark decision is a key step towards respecting, protecting and fulfilling the human rights of all Kenyans regardless of gender identity,” he added.