The Supreme Court has dismissed Homa Bay Town Member of Parliament Peter Opondo Kaluma’s Petition contesting the LGBTQ verdict, in which he requested that the Supreme Court reconsider its decision on the definition of sex.
Kaluma was contesting the Supreme Court verdict and how the highest court in Kenya had defined the term sex in the LGBTQ issue.
The Supreme Court ruled that Sections 162,163, and 165 of the Penal Code, as well as the provisions of Article 24 of the Constitution, do not reflect the aim to prohibit LGBTQ people’s right of association solely because of their sexual orientation.
“On the provisions of Article 36, the Court found that the NGO Co-ordination board limitation of Eric Gitari’s right to freedom of association was not proportionate to the aim sought for registration of the proposed NGO.
“This Court also held that the word “sex” as used in Article 27 of the Constitution, was to be interpreted as to include the expression “sexual orientation,” ruled the Supreme Court.
Kaluma petitioned the Supreme Court on March 9, 2023, in his plea, to postpone the orders requiring the NGO Coordination Board to register members of the LGBTQ community.
Kaluma also asked the Judges to review and overturn the February 24, 2023 judgment, in which the Court found and decreed at paragraph 79 that the term “sex” under Article 27(4) of the Constitution “refers also to sexual orientation of any gender, whether heterosexual, lesbian, gay, intersex, or otherwise.”
While dismissing Kaluma’s appeal, the Supreme Court ruled that gays have the right not to face direct or indirect discrimination.
The Court went on to say that Kaluma, a vociferous critic of the LGBTQ community, had violated the homosexual community’s rights.
“Consequently, we did, by a Majority, agree with the findings of the High Court, and the Court of Appeal that LGBTIQ persona have a right to freedom of association, which includes the right to form an association of any kind,” the Supreme Court affirmed.
The Supreme Court also ordered the Homa Bay Town Member of Parliament to bear the costs of the appeal.
