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LEAD STORY:
Kenyan Supreme Court okays LGBTQ groups, sparking uproar from churches and anti-gay groups.
In a historic move, Kenya’s Supreme Court on Friday, February 24, gave the green light to LGBTQ Groups’ formation and recognition by the NGO Board.
The Court judged that the NGO Board’s decision to bar homosexuals from forming recognized groups is discriminatory. The Court pointed out that despite homosexuality being illegal in Kenya, members of the LGBTQ still have a right to association.
Deputy Chief Justice Philomena Mwilu, Justice Smokin Wanjala, and Justice Njoki Ndung’u ruled on the majority side. Justice Mohamed Ibrahim and William Ouko disagreed, stating that homosexuals shouldn’t be allowed to form recognized associations in Kenya.
“Article 21(3) imposes an obligation on all State organs and all public officers to address the needs of vulnerable groups within society including members of minorities and marginalized communities,” the judgment read in part.
“Given that the right to freedom of association is a human right, vital to the functioning of any democratic society as well as an essential prerequisite enjoyment of other fundamental rights and freedoms, we hold that this right is inherent in everyone irrespective of whether the views they are seeking to promote are popular or not,” it continued.
They said it was persuaded from the Constitutional provisions, legal principles, and case law that it would be unconstitutional to limit the right to associate through denial of registration of an association purely based on the sexual orientation of the applicants.
“We find the appellant’s interference to the 1st respondent’s right to freedom of association did not pursue any legitimate aim such as national security or public safety, the prevention of disorder or crime, the protection of health and morals, and the protection of the rights and freedom of others. Therefore, it is our considered view that the appellant’s limitation of the right to freedom of association was not proportionate to the aim sought,” the majority judgment read further.
“To allow discrimination based on sexual orientation would be counter to constitutional principles. Therefore, the appellant’s refusal to reserve the name of the 1st respondent’s intended NGO was discriminatory in view of Section 27(4) of the Constitution. Consequently, we find that the 1st respondent’s right not to be discriminated directly or indirectly based on their sexual orientation was violated by the appellant,” the verdict stated further.
The verdict offered members of the LGBTQ community the authority to seek legal recognition by the Non-Governmental Organizations Coordination Board.
However, the Court’s ruling has come under sharp condemnation from Kenyans, including religious and political leaders.
The Christ Is The Answer Ministries (CITAM) church has challenged the Supreme Court’s ruling on the freedom of association for the LGBTQ community in Kenya.
“This rather contradictory ruling has left many of us wondering whether other illegal practitioners like pedophiles and those involved in incest also have a right of association and, if not, how different they are from homosexuals and perhaps criminal organizations as well,” the church said in a statement on Sunday.
The National Assembly Speaker, Moses Wetangula, also weighed in on the ruling and condemned the Supreme Court for legalizing LGBTQ communities NGOs in Kenya.
“Kenya is deeply religious. Each Individual and/or Public institution, including the judiciary, has a duty to uphold, defend and protect public morals! The SC pronouncement may lead to unintended and unhelpful consequences,” Wetangula said on Twitter.
Attorney General Justin Muturi has said he will challenge the Supreme Court ruling on the LGBTQ community. Speaking Sunday during a church service in Embu, Muturi said Kenyans should be allowed to voice their opinion on LGBTQ+ people.
“In the interest of the public, I will be seeking the full bench of the Supreme Court to address itself over the matter,” Muturi said.
Eric Omondi stages a protest outside Parliament, gets arrested
Kenyan comedian Eric Omondi Tuesday, February 21 arrested, outside parliament buildings after he led a demonstration opposing the high cost of living in the country.
Omondi, in the company of more than 30 masculine shirtless men, threatened to storm parliament buildings to seek an audience with the National Assembly speaker, Moses Wetangula.
The demonstrators had placards with “UNGA JUU and MAFUTA JUU” writings indicating the high flour and oil prices, respectively.
The men who had chains around their torsos obstructed the busy parliament road and refused to back down despite persuasions from the police officers outside the National Assembly.
As Omondi and his team advanced towards the main entrance of Parliament, shouting and singing songs of solidarity, police officers who were until then keenly watching the events unfold lobbed tear gas canisters at the crowd to disperse them.
Some of the protesters were arrested and bundled into a police car. Omondi was also arrested and thrown into a police car.
They appeared at the Milimani Law Courts, on Wednesday where they pleaded not-guilty to causing a public nuisance and participating in an unlawful assembly. The Court granted the protesters a Ksh 20,000 bond or an alternative bail of Ksh 10,000 each.
Kenya has seen tough economic times, with the Kenyan shilling weakening quickly. The Ruto-led government scrapped maize flour and fuel subsidies alleging they were favoring the immediate presidents’ cronies and not the intended persons who are the common wananchi.
Rigathi Gachagua under fire for likening to a company whose major shareholders are UDA supporters
Kenya’s Deputy President Rigathi Gachagua last week came under intense criticism for likening the country to a company whose major shareholders are those who voted for President William Ruto and himself.
Speaking on February 19, Gachagua said that the government positions and contracts were meant to be given to those who voted for Kenya Kwanza and not the people who supported Azimio la Umoja One Kenya Alliance.
“This government is a company that has shares. There are owners who have the majority of shares, and those with just a few, while others do not have any. You invested in this government and you must reap. You sowed, tilled, put manure and irrigated, and now it is time to reap,” the deputy president said on Sunday.
“Some are criticizing me for saying those who sowed reap first, but there is nothing wrong. Their time of reaping will come someday in what remains after those who sowed have finished reaping,” he added.
His remarks came under sharp criticism from Kenyans and opposition leaders, who said they would lead their supporters to stop paying taxes as the government does not recognize them.
“This Government is not only tribal but also discriminatory! Ruto appoints only his tribe mates, and Rigathi spews venom whenever he speaks. This will lead to more apathy among Kenyans, rampant corruption as well as total lawlessness in the country. More reasons to rally against it!” Mark Senator Ledama Ole Kina said on Twitter.
“If the Government of the Republic of kenya has become a company with shareholders, then How will all Kenyans pay TAXES to a company belonging to two individuals?” Junet Mohammed, the Suna East MP, wrote on Twitter.
AU terminates Raila’s envoy mandate
The African Union Thursday ended the mandate of former Kenya Prime Minister Raila Odinga as an envoy of infrastructure and development. Through a letter from the AU Chairperson, the union wished Odinga well and said it would count on him for future assignments.
“The transformation of the NEPAD Agency to the African Union Development Agency- NEPAD has now been completed, with a full mandate to implement the Continental agenda on infrastructure. Your role in this journey, Excellency, has been invaluable. The African Union hopes to continue counting on your support for other possible assignments,” the statement signed by the AU chair Moussa Faki stated.
Raila thanked the AU for giving him a chance to serve and intimated that he was the one who requested to be relieved of the role to attend to urgent matters.
“During our meeting on the sidelines of the 2nd Dakar African Infrastructure Financing Summit in Dakar, Senegal, about three weeks ago, I indicated the challenges to my continued availability for the role of AU High Representative for Infrastructure Development in Africa. In that regard. I welcome your quick action that will free me to pursue other pressing and urgent matters,” Odinga said.
“It has been a great pleasure and honor serving our Continent and our people and addressing Infrastructure development, which we agree is the greatest contributor to our unending struggle to lift ourselves out of poverty and under-development,” he said.
Ruto launches Taifa Gas in Mombasa
President William Ruto Friday said the government would withdraw all taxes on cooking gas to ensure access to all households at affordable rates and cushion Kenyans from the high costs of living.
Speaking on Friday during the launch of the Taifa Gas plant in Dongo Kundu, Mombasa County, the president said that it would also serve to reduce the use of wood fuel, which poses both health and environmental challenges to the country’s citizens.
“Kila nyumba katika taifa letu la Kenya itakuwa na mtungi wa gas, na tutahakikisha ya kwamba bei ya gas itapungua kwa sababu tutaondoa pia ile kodi yote ambayo imewekwa kwa mambo ya gas so that we can make sure that every household in Kenya has access to gas for cooking, and we can eliminate the use of wood fuel, health challenges, and restore our environment by reducing the number of trees that are being cut for purposes of wood fuel,” he said.
According to the Kenya National Bureau of Statistics 2022 report, over 70 percent of Kenyans use firewood for cooking.
FBI Cancels Licenses of 4 Kenyan Nurses in the US
The licenses of four Kenyan nurses practicing in Washington DC have been rescinded after an FBI probe determined that they don’t have adequate qualifications for permits.
The four: Gabriel Ndung’u, Irene Waithera, Ruth Kamau, and Elizabeth Nga’ng’a, are part of 10 people whose accreditations were invalidated by the Washington Department of Health following the FBI findings.
The FBI began its investigation after reports emerged in January indicating that three medical schools in South Florida issued fake certifications to over 7,600 students, which allowed them to take a national examination, obtain clearances and become registered nurses.
“In conjunction with ongoing investigations into the legitimacy of multiple Florida-based nursing schools, the Washington State Nursing Care Quality Assurance Commission has taken nondisciplinary action to rescind the nursing license of the following individuals,” said the Washington Department of Health.
The government establishes an office for Prime CS Musalia’s wife
Prime Cabinet Secretary Musalia Mudavadi will launch the Office of the Spouse to Prime Cabinet Secretary Tessie Shangatti Mudavadi on Friday. The event will take place at the Movenpick Hotel in Nairobi.
The government established the Office of The Spouse to the Prime Cabinet Secretary to complement the work being done by the Office of the First Lady and the Office of the Spouse to the Deputy President,” Mudavadi’s communications team stated.
Most Kenyans have criticized the office, saying it’s an unnecessary expenditure when the country is grappling with the high cost of living.
“They are part of the company called Kenya as shareholders. We, the poor masses are only spectators as we are locked outside the gate like biblical lepers during the time of Syria,” James Kanumi pointed out on Twitter.
“Dynaste baya. Anyway, wasee, tighten your seatbelts. It’s gonna be a long rough journey Kwa hii serikali ya mama mboga,” Teddy Lumidi also reacted on Twitter.
Kenya to give free sanitary towels to school girls
More than one million schoolgirls will start receiving free sanitary towels from the government in March to minimize absenteeism, according to the Minister for Education, Ezekiel Machogu.
“This financial year, the government gave Sh470 million, which we have used to procure sanitary towels that have been supplied to schools. From the next two weeks, every school should be able to receive sanitary towels,” Ezekiel Machogu said in Mombasa on Friday.
South Sudan President calls refugees back home
South Sudan’s president, Salva Kiir, has appealed to the more than two million South Sudanese refugees living in neighboring countries to return home, saying his government will provide them with security.
Over 2.3 million South Sudanese live as refugees in Kenya, Uganda, and Egypt. Speaking Wednesday in Juba, Kiir said repatriating those citizens was at the top of the government’s priority list.
“For those who will opt to return to their habitual areas of residence, the government will provide security and will work jointly with partners to organize logistics around what is needed to resettle successfully in those areas,” Kiir said.
Equally, for those who cannot go back to their residence, we have spoken with authorities in the states where IDP camps are located to set aside land and to resettle them,” he said. “I must add that this land, once designated, must be allocated to IDPs and IDPs only,” Kiir said.
Kenya Revenue Authority Commissioner-General Githii Mburu resigns
A statement by the KRA board states Mburu quit to “pursue personal interests’. Mburu assumed the role at the Authority in July 2019 after John Njiraini retired.
Mburu was KRA’s chief of intelligence. He developed an intelligence-gathering agency to trap tax evaders. Mburu quits when President Ruto pressures KRA to devise ways of collecting more revenue. Ruto has also accused KRA of aiding ex-President Uhuru Kenyatta’s family to avoid tax.
“Following the resignation, the board has appointed Rispah Simiyu (EBS), the Acting Commissioner General KRA, with effect from February 23, 2023, until the position is substantively and competitively filled.
“The Board appreciates Mr. Mburu for the service he has rendered to KRA and the Republic of Kenya and wishes him very well in his future endeavors,” the KRA Board’s statement read.
Last year, President William Ruto read the Riot Act to Mburu for the evasion of tax that he alleged was enabled by the KRA. Ruto said: “I have told the Commissioner General to sort out this mess. If he doesn’t, I will sort it out myself”.
Pockets of Violence hit South-eastern Nigeria days before the election
Police in southeast Nigeria Thursday blamed a banned separatist group for several attacks against politicians ahead of Saturday’s elections.
Late Wednesday, a Labour Party candidate for a senate seat in Enugu State and two colleagues were shot dead, and their vehicle set ablaze, according to a BBC report. Oyibo Chukwu, a Labour Party candidate, was killed on Wednesday, and his body burned in Enugu State.
A driver was also killed when a PDP convoy was targeted. The armed wing of a Biafran separatist group has been blamed for frequent attacks in the southeast, where it wants to create an independent state.
Meanwhile, the African Union observer and former Kenyan President Uhuru Kenyatta told the BBC’s Focus on Africa program that he has seen a commitment from the Nigerian government to oversee credible elections.
Kenyatta said: “The authorities seem “quite confident they can hold a free, fair, and transparent election on Saturday.”
He added: “The Nigerian Elections are of the utmost importance because it is the largest democracy on the African continent and one of the largest in the world.”
On Saturday, February 25, more than 90 million registered Nigerians eligible to vote cast their votes to decide on a successor to President Muhammadu Buhari
Voting on Saturday was largely peaceful and smooth, albeit there were some incidents of some polling stations being raided. Others opened late.
Announcing first results state by state, Independent National Electoral Commission (INEC) on Sunday said APC’s Tinubu won the small, southwestern Ekiti state with the People’s Democratic Party (PDP) coming second.
On Monday, Peter Obi of the Labour Party defeated Bola Ahmed Tinubu of APC in Lagos state, which houses Africa’s largest city.
However, the Labour Party alleged the presidential vote was rigged and asked INEC to stop the count, to no avail.
Kenyan Foreign Affairs Minister exhorts Kenyans in Diaspora to obey their host countries’ laws
Foreign Affairs CS Alfred Mutua has advised Kenyans in the diaspora to respect laws in their host countries.
Speaking in Eldoret on Wednesday, Dr. Mutual said the Department for Diaspora Affairs in the Ministry of Foreign Affairs would address the plight of Kenyans working outside the country.
“If you go to a country that has 200,000 Kenyans and ten are in a bad state, you have to ask yourselves why ten and not over 190,900? We need to ask ourselves if it is isolated or if it is common. It is deeper than you think; it is not superficial as many may want to see it,” he said.
“If you are a Kenyan student or a Kenyan worker, if you go to another country, please, that is not your country; please observe the laws of that country. If you have a problem with the laws of that country, please get onto the next plane and come back home,” he added.
The minister further asked Diasporans not to break or attempt to change the laws.
“If your visa says that you work for this particular person, don’t work for another unless you change your immigration status because you are breaking the laws,” he said.
Raila warns of mass action against the government, and Ruto laughs it off.
President Ruto Wednesday mocked the plans by the Azimio coalition party to hold demos in 14 days, saying the rule of law governs Kenya.
On Wednesday, Raila Odinga said he would lead demonstrations if Ruto’s administration does not bring down the cost of living in two weeks and meet additional demands.
Raila said the withdrawal of food and education subsidies in the middle of drought and famine was reckless and heartless. He demanded the subsidies are restored and the cost of essential commodities and taxes must come down in the next 14 days.
Odinga added: “the electoral deceit must end, and servers must be opened and audited under the auspices of a reputable firm or organization failure to which we shall lead people to restore their authority and voice.”
“The ongoing process of reconstituting IEBC must stop immediately. A bipartisan task force must be put in place to restructure IEBC in a manner that ends its monolithic operations.
“If these demands are not heeded within fourteen days, we shall lead Kenyans to massive mass action across the country to take their power back and restore sanity,” Raila told his supporters at Jivanjee Grounds in Nairobi.
Speaking later on the very day, President Ruto hit back: “Nobody is going to threaten anybody in this government. You had five years of a handshake, and your things and cost of living shot through the roof.”
‘You left us with debts; we have now already cleared Sh 300 billion of debt in this financial year. The interest rate on loans given to us by international financial institutions was as high as 17 % but now is below 10 %,” President Ruto said.
“You call yourselves ‘Jogoo wa Nairobi’ Which Nairobi? Nairobi, whose rivers are stinking and full of garbage? Let us show them what Nairobi should look like. Give us a break. Give us space. Relax ‘tuliza boli,'” Ruto said further.
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