The Supreme Court of Kenya’s ruling on lesbian, gay, bisexual, transgender, and queer (LGBTQ) associations has been met with mixed reactions by Kenyans.
In a ruling by a five-bench judge led by Deputy Chief Justice Philomena Mwilu on Tuesday, September 12, the Apex court threw out a review application by Homa Bay Town MP Peter Kaluma seeking to have them overturn their judgment delivered on February 24, 2023. See the article here.
“Kaluma neither has he demonstrated to our satisfaction that the impugned judgment 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 thereto,” the judges ruled.
However, the ruling has also been condemned by a section of religious groups and leaders, who argue that it is against the country’s culture and values.
Moral cop, Ezekiel Mutua, has expressed his disappointment in the ruling arguing that allowing the marginalized community to form its own association is similar to allowing terrorists to operate in the country.
According to Mutua, LGBTQ is an illegal group.
“Homosexuality is not our culture. Same-sex marriage is therefore against our core values, the constitution and religious beliefs and must not be sanitised through strange court decisions. If we can allow the LGBTQ the freedom to form their own associations, we could also allow terrorists and other illegal groups the freedom to do the same!” he wrote on his Facebook.
Nyali MP, Mohamed Ali, also spoke out against the ruling, saying that it threatens family structures.
“I strongly condemn the Supreme Court’s ruling and will stand by the people of Kenya to protect our values, traditions, religions, and Laws that foreign players will not dictate,” Mohamed Ali said in a post on social media.
The ruling is a significant development in the fight for LGBTQ rights in Kenya. It remains to be seen how the government and society will respond to the ruling.