Raila faults Supreme Court ruling allowing recognition of LGBTQ body

Opposition Leader Raila Odinga has criticized the Supreme Court’s recent ruling, which granted the LGBTQ community the right to form a lobby group.

Speaking during a meeting with the Muslim Community on Thursday, Odinga accused the five-judge bench of overstepping its mandate by upholding non-existent laws.

He argued that without proper legislation in place, the Supreme Court had no authority to grant the embattled community the right to form a lobby group.

“Every arm of government has its own mandate,” Odinga said. “The Judiciary’s mandate is to protect the existent law and that’s why those aggrieved on the context of the law move to the courts. It’s not their responsibility to create any law.”

Odinga’s comments were in reference to the recent Supreme Court ruling, which followed an appeal from the LGBTQ community after the board refused to accept their proposed name. The court held that the board’s decision was discriminatory and unconstitutional, as it denied the community’s right to associate.

Homabay Town MP Peter Kaluma, however, is seeking to impose a life sentence on those convicted of engaging in homosexuality and other unnatural sexual acts. The Penal Code already criminalizes same-sex relations and imposes a 14-year jail term for those found guilty.

Kaluma has been receiving threats for his stance but remains firm, stating that he will be going back to the Supreme Court for a review as the ruling was only backed by three judges.

“I take courage on the fact that 3 judges out of 5 supported the decision,” Kaluma said. “We are going to request the Supreme Court in their full bench of seven to review that decision.”

The Supreme Court ruling has stirred up controversy in the country, with supporters and opponents voicing their opinions on the matter. The LGBTQ community welcomed the ruling, describing it as a step towards equality and inclusion.

“We are thrilled with the ruling,” a representative from the LGBTQ community said. “It affirms our right to associate and fight for our rights. We hope that this will lead to more positive changes for our community in the future.”

President William Ruto also criticized the decision saying Kenya has no place for the queer community.

“I’m a man of God. Even though we respect the Supreme Court, our religions and cultures do not allow a woman to marry a fellow woman or a man a fellow man,” he said.

“We cannot go to the streets to demand that they be allowed to marry. This can happen elsewhere but it will not happen in Kenya,” the President added.


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