Dismissal of Anti-homosexual Rights Petition “very unfortunate”: Archbishop in Kenya

On February 24, Kenya’s apex court ruled that people with homosexual orientation have a right to form and register associations, three judges in the five-judge bench arguing that “despite gayism being illegal (in Kenya), they have a right of association” 

In the ruling that members of the Kenya Christian Professionals Forum (KCPF) described as “deeply” disturbing, Catholic Bishops in the country said “seeks to destroy life”, and a Catholic Bishop termed as against the “natural order of beings”, Justice Mohamed Ibrahim and William Ouko put in writing dissenting opinions against the majority decision delivered by Justices Philomena Mwilu, Smokin Wanjala, and Njoki Ndung’u.

In his petition filed on March 9, Hon. Kaluma said the February 24 Supreme Court’s ruling was unlawful, arguing that while it was illegal to engage in acts of homosexuality in Kenya, the apex court allowed for the registration of associations whose members promote the illegal acts.

The Kenyan MP also contested the February 24 ruling that defined the term “sex” under Article 27(4) of the Kenyan Constitution to refers to “sexual orientation of any gender”, be it heterosexual, lesbian, gay, intersex, or otherwise.

The Supreme Court ruling follows a ten-year legal battle that started when Eric Gitari, the National Gay and Lesbian Human Rights Commission (NGLHRC), challenged the head of Kenya’s NGO Board for his refusal to allow the registration of an association under a name containing the words lesbian or gay.

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In the September 13 interview with ACI Africa, Archbishop Kivuva said Kenyans need to continue fighting against the promotion of LGBTQ ideologies in the country.

“This (ruling) does not mean we should not continue defending ourselves,” the Chairman of KCCB said, and added, “We should continue promoting marriages of the opposite gender as it should be because out of that we get children; it is perpetuating life.”

On his part, Hon. Kaluma, who is behind the Family protection bill 2023 has vowed not to give up on his bid to challenge the Supreme Court decision allowing the registration of LGBTQ associations in Kenya.

“Our success before the courts will not be easy but the battle must be fought because it is the right thing to do to save humanity,” he told journalists at Parliament Buildings in Nairobi on September 13. 

The Kenyan MP said he would still petition the Supreme Court to reverse “its purported amendment of Article 27 (4) of the Constitution to define sex to include sexual orientation.”

“The judgement will collapse the spaces and opportunities we have secured for women after decades of fighting. Some men will come out and say they are female just to grab opportunities set aside for women,” Hon. Kaluma said at the September 13 press conference.

Magdalene Kahiu is a Kenyan journalist with passion in Church communication. She holds a Degree in Social Communications from the Catholic University of Eastern Africa (CUEA). Currently, she works as a journalist for ACI Africa.