Homa Bay Town Member of Parliament Peter Kaluma has reacted to the Supreme Court’s latest ruling on the LGBTQ community.
The Supreme Court on Friday, February 24 ruled that the members of the LGBTQ community have a right to associate despite the law considering same-sex marriages illegal.
The apex court noted that it was discriminatory for the Non-Governmental Organization Board to refuse to register LGBTQ organizations.
“The Court determined that the use of the word "sex" under Article 27(4) does not connote the act of sex per se but refers to the sexual orientation of any gender, whether heterosexual, lesbian, gay, intersex or otherwise. It was of the view that the word "including" under the same Article is not exhaustive, but only illustrative and would also comprise "freedom from discrimination based on a person's sexual orientation.
“Therefore, the appellant's action of refusing to reserve the name of the 1st respondent's intended NGO on the ground that "Sections 162, 163 and 165 of the Penal Code criminalizes Gay and Lesbian liaisons" was discriminatory in light of Section 27(4) of the Constitution,” the ruling read in part.
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Kaluma has however wondered why the Supreme Court asked the NGOs Board to register LGBTQ communities while it had earlier ruled that it is a crime to be homosexual in Kenya.
“The supreme court finds it's a crime to be homosexual or to engage in unnatural sexual acts in Kenya! The Court, however, orders the NGOs Board to register the association of LGBTQs! How do you register an association of criminals! What a contradiction,” Kaluma stated.
