In a rare moment of agreement, President William Ruto and his arch-rival Azimio leader Raila Odinga have both come out against the Supreme Court ruling approving a Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) rights group to register as a recognized organization in Kenya.
The backlash has been swift and nationwide, with critics saying the Supreme Court is catering to the gay agenda of turning Kenyan children into homosexuals.
The Supreme Court upheld a High Court ruling that the Non-Governmental Organizations Coordination Board should register a Non-Governmental Organization (NGO) that seeks to fight for the human rights of LGBTQ people, saying refusing them registration amounted to discrimination based on sexual orientation.
Ruto condemned the ruling, saying his administration will not condone same-sex relationships as such practices do not conform to the country’s traditions and beliefs.
I am a God-fearing man. I want to tell them that we have traditions, laws, and customs and respect our constitution and all our religions. Even though we respect the Court, our faith, traditions, law, and customs do not allow women to marry fellow women or men to marry fellow men. That is not possible in our country, Ruto said.
During a Women Enterprise Fund launch speech, a Hustler Fund’s second product at KICC, Ruto declared Kenya is a religious country guided by morality.
“I will not allow men to compete with women for other men. I want to ask our religious leaders to stand firm and educate our children, our people so that we don’t lose our beliefs and way of life to foreign practices,” Ruto added. “We respect our courts, but our traditions and beliefs do not allow same-sex relationships. That will not happen in Kenya, it may happen elsewhere, but not in this country.”
Speaking to a gathering of Muslim preachers, Odinga said homosexuality was unconstitutional in Kenya. He quoted Article 45(2) of Kenya’s constitution, which states every adult has a right to marry a person of the opposite sex and said the Supreme Court overstepped its bounds.
“It’s not the role of the Judiciary to make laws. If there is a lacuna, you go to Parliament for laws to be amended. Parliament has not amended any laws regarding homosexuality and if they have to, they must do it in line with Article 45(2),” Odinga said.
Deputy President Rigathi Gachagua echoed the president’s sentiments, terming the apex court’s judgment demonic.
“Those are satanic beliefs, and we do not want them. That contradicts what we believe,” Gachagua noted.
“President Ruto is God-fearing, he’s a man of faith, he will do what needs to be done. In any case we have our traditions and customs and what they are suggesting is repugnant to morality and our way of life,” he added.
Last week Kenya’s Supreme Court’s ruling stated: “Despite gayism being illegal, they have a right of association.”
Justices Philomena Mwilu (Deputy Chief Justice), Smokin Wanjala, and Njoki Ndung’u said it was unconstitutional to limit gays’ rights to associate through denial of registration of an organization based on sexual orientation.
Gay Rights Groups and Allies React
International Commission of Jurists (ICJ) applauded the Supreme Court ruling.
“We support the Supreme Court decision on Petition No.16 of 2019, as it promotes & advances inclusivity, a principle under Article 10 of the Constitution. We also advise the LGBTQ+ community in Kenya to report any injustices to security agencies,” ICJ tweeted.
In a statement on its Twitter account, The Gay and Lesbian Coalition of Kenya (GALCK) and the Initiative For Equality and Non-Discrimination organization (INEND), a social justice movement supporting gay rights in Kenya, celebrated the Supreme Court ruling and condemned the backlash.
“We are alarmed by the misinformation and disinformation being spread online by public officials, religious organizations and popular artistes/celebrities, bloggers/vloggers among others regarding the ruling from the Supreme Court,” the statement read.
Perhaps in appreciation of the danger LGBTQ+ persons are facing in the Kenya at the moment, the statement was signed using logos of the organizations instead of names.
The groups thanked the Supreme Court for upholding the landmark ruling.
We are alarmed by the misinformation and disinformation being spread online by public officials, religious organisations and popular artistes/celebrities, bloggers/vloggers among others regarding the ruling from the Supreme Court #SayNoToHomophobiaInKenya #JusticeForAll #LGBTQ pic.twitter.com/0s6lv2n5zu
— Initiative For Equality & Non Discrimination-INEND (@INENDorg) February 28, 2023
“We thank the judiaciary for their unwavering commitment to upholding the constitution of Kenya, which guarantees freedom of association under Article 36 of the constitution,” the statement read.
They called on the media to report on issues affecting the LGBTQ+ accurately to stop the spread of anti-LGBTQ+ sentiments, which makes them vulnerable to attacks.
The eruption of anti-gay sentiments stemming from the ruling appears to result from a perception that the Supreme Court had approved gay marriage in Kenya. Critics have cited the Bible, religious values, traditions, and the constitution as a basis for the objection to the ruling.
However, the Court walked a tightrope to allow LGBTQ+ groups to register advocacy organizations.
The justices argued that refusing to allow the group to register was akin to convicting them before they committed a crime.
In another statement dated March 2nd, INEND, together with 11 other organizations, said they have noted with concern the attacks on the LGBTQ+ community.
“In the last few days, human rights organizations have noted with concern, increasing incidents of malicious online and offline comments, profiling and public demionstrations against persons who identiy as inter-sex, gay, lesbian or non-binary. The personal details of LGBTQ+ citizens and their familiy members are being shared and intimidated online, violating the right to privacy and human dignity,” The statement read in part.
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