Supreme Court Dismisses Appeal Allowing Registration of LGBTQ Lobby Groups in Kenya
The Supreme Court of Kenya recently dismissed an appeal by Homa Bay Town lawmaker Peter Kaluma, which contested the decisions made by the High Court and Court of Appeal that allowed the registration of LGBTQ lobby groups under the NGOs Act. The Supreme Court upheld the finding that the phrase every person in Article 36 of the Constitution encompasses individuals of all sexual orientations.
Lawmaker Peter Kaluma accused the courts of promoting a pro-gay and lesbian agenda in the country by allowing the registration of LGBTQ lobby groups. However, the Supreme Court ruled that Kaluma was not party to the original suit and therefore, his appeal was considered incompetent.
The Supreme Court justified its decision by stating that Kaluma failed to prove that the earlier court decisions were obtained through fraud or deceit. The court further emphasized that it does not have the authority to sit on appeal or review its own decisions, unless it is done through the procedure outlined in the Supreme Court Act.
The Court’s rulings, which favored the registration of LGBTQ lobby groups, have faced criticism from the political class in Kenya. Opponents argue that the judiciary is imposing itself on the Kenyan people, while emphasizing that the role of Parliament is to make laws and ensure government compliance with the Constitution.
It is worth noting that the recent court decisions regarding LGBTQ rights come in the wake of a 2019 Constitutional Court ruling that upheld sections of the Penal Code criminalizing same-sex relations. The Constitutional Court concluded that decriminalizing same-sex relationships would contradict Article 45(2) of the Constitution, which recognizes marriage as a union between adult individuals of the opposite sex.
The Supreme Court’s dismissal of Kaluma’s appeal reaffirms the previous rulings permitting the registration of LGBTQ lobby groups. These decisions are likely to have a significant impact on the ongoing discourse surrounding LGBTQ rights in Kenya. While some segments of society applaud the court for its inclusive interpretation of the Constitution, others maintain that the majority of Kenyans support the existing definition of marriage and the protection of traditional family values.
The battle for LGBTQ rights in Kenya continues, as the country grapples with reconciling its legal framework with evolving societal attitudes. The Supreme Court’s decision has brought further attention to this issue, and it remains to be seen how the government and civil society will respond to these developments.
