The Supreme Court has dismissed Homa Bay Town MP Peter Kaluma’s petition challenging its judgment on the LGBTQ community.
In the ruling on Tuesday, September 12, by a five-judge bench, the apex court said, that it cannot sit down to review or appeal its decisions filed by an applicant who was not part of the initial proceedings.
“The Court cannot entertain an application for review of its judgment filed by an applicant who was not a party to the proceedings as this goes to the root of the matter and sanctity of the already determined suit which was contested by the parties. Consequently, we find that the applicant is not competent to seek a review of the judgment under reference,” the ruling read in part.
The Supreme Court also stated that the petition by the ODM MP does not fall within the confines of parameters as prescribed by statute and applicable case law.
“Therefore, the application stands dismissed. On costs, the applicant is an Advocate of the High Court of Kenya and a Member of Parliament. He ought to have known that his application was misconceived ab initio. He must consequently bear the costs thereof,” the court said.
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Kaluma had moved to the apex court challenging the court’s earlier decision on the definition of ‘sex’ under the Kenyan constitution in the LGBTQ case.
He asked the court to set aside its judgment on February 24 that compelled the NGO Coordination Board to register members of the LGBTQ community.
“The Court be pleased to review and set aside the judgment of this Court dated 24th February 2023 where at paragraph 79 it found and decreed that 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 view of Article 27 (4) of the Constitution,” Kaluma’s petition read.
