Legislators fault Supreme Court ruling on LGBTQ

Mombasa,

Thursday, September 14, 2023

KNA by Sadik Hassan

National Assembly Departmental Committee on Sports and Culture has expressed its discontentment with the apex court ruling on Lesbians, Gays, Bisexual, Transgender and Queer (LGBTQ).

The Supreme Court sitting in Nairobi dismissed Homabay Town MP, Peter Kaluma’s petition on LGBTQ associations.

The committee on a retreat in Mombasa led by its chairman, Webuye West MP, Mr Daniel Wanyama said that they are going to oppose the sanctioning of same-sex movements in the country.

“Nothing will stop us . We are not disobeying court orders but (we) are in total disagreement,” he said.

In a speech read by nominated MP, Rev Jackson Kosgei, the committee stated that they had learnt with utter shock and dismay the Supreme Court's ruling.

“The Sports and Culture committee, as the committee mandated to oversight matters related to culture, condemns in the strongest terms possible, the decision by the apex court to allow for the registration of associations that promote unnatural acts as this would lead to the derogation of our cultural heritage,” Rev Kosgei said.

The committee affirmed that Kenya's constitution acknowledges the supremacy of the Almighty God of all creation.

“The Holy Word of God, the Bible, Quran and others say in the book of Leviticus chapter 18 verse 22 that ‘You shall not lie with a male as with a woman, it is an abomination’.

The committee further reiterated that the Kenyan constitution recognizes culture as the foundation of the nation and as a cumulative civilization of the Kenyan people.

The committee notes that article 45(2) of the constitution states that the family is the natural fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the state.

“What examples are we setting for our children? What legacy are we leaving for future generations? We do not accept this unusual trajectory. We will not be remembered as the generation that failed our forefathers,” said Rev. Kosgei.

The committee urged the Supreme Court not to bow in to pressure from any form of external forces adding that the legislation on the LGBTQ is a foreign aspect which is not welcome in the country.

The committee further called on the Registrar of Societies not to sanction the registration of any LGBTQ unions and associations.

The committee said that there are more pressing issues the Kenyan judiciary should meticulously address like the backlog of cases in law courts that deserve priority as they touch on real issues affecting Kenyans.

Supreme Court judges, Justices Philomena Mwilu, Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu and William Ouko declined to review their earlier decision on Lesbians, Gays, Bisexuals, Transgender and Queer (LGBTQ) to form associations to champion their rights.

“We are satisfied that the applicant has not demonstrated to our satisfaction that the decision was obtained by fraud or deceit, is a nullity, or that the court was misled into giving its judgment under a mistaken belief that the parties had consented to warrant a review of the same,” ruled the judges.

The apex court had in February allowed LGBTQ minority groups to form associations to champion their rights, ruling that it is discriminatory for the Non-Governmental Organizations (NGO) Coordination Board to deny them that right.

The majority judges, Mwilu, Wanjala and Ndungu ended the 11-year dispute when they declared that by refusing to register LBGTQ associations, the persons were convicted before they contravened the law.

Courtesy; KNA