Kenya: Gachagua Says Supreme Court Decision on Gay Rights Demonic, Repugnant

Nairobi — Deputy President Rigathi Gachagua has finally broken his silence on the Supreme Court ruling on LGBTQ rights and the ongoing debate surrounding the subject, terming it demonic.

Speaking during the International Women's day on Thursday, DP Gachagua said LGBTQ practices will not be tolerated in Kenya, as they are satanic and don't conform with the country's traditions and beliefs.

DP Gachagua Gachagua who is known not to mince his words said the Supreme Court ruling left him speechless, and that's why he didn't have an immediate response to the issue.

"Our President is a man of faith and he will do what needs to be done and in any case we have our traditions and customs. What they are suggesting is repugnant morality and injustice in our way of life," Gachagua stated.

The Deputy President's sentiments concur with similar views given by several leaders and religious groups who are against the legalising of LGBTQ in the country.

Already MPs George Kaluma (Homabay Town) Mohammed Ali (Nyali) have proposed to have the LGBTQ community outlawed in the country.

MP Kaluma in his proposed law wants have homosexuality and other unnatural sexual acts criminalized in Kenya, and increase the penalty of those convicted of engaging or promoting the acts to imprisonment for life.

On his part MP Ali through a motion wants the government to bar the community and other propagators of the LGBTQ agenda from doing so.

The LGBTQ debate in the country was revived after the Supreme Court last week affirmed a decision by lower courts that quashed the decision by the NGO Board to decline an LGBT lobby group's formal registration.

The decision by the apex court on Friday followed an appeal arising form the Court of Appeal by the lesbian, gay, bisexual, and transgender (LGBT) had successfully challenged an appeal by the board against a favorable High Court decision.

The Supreme Court held the board violated the right to non-discrimination by refusing to accept the names proposed, as the respondent was entitled to exercise their constitutionally guaranteed freedom to associate by being able to form an association.

The court however pointed out that all persons, whether heterosexual, lesbian, gay, intersex or otherwise, will be subject to sanctions if they contravene existing laws, including Sections 162, 163 and 165 of the Penal Code.

The Penal Code provisions prohibit same-sex relations.

Justices Mohamed Ibrahim and William Ouko however wrote dissenting opinions against a majority decision by Justices Philomena Mwilu (DCJ), Smokin Wanjala, and Njoki Ndung'u.

Ibrahim and Ouko held the decision by the NGO Board was not discriminatory and that it did not infringe Article 27 of the Constitution (2010).

The two also argued that the board has the discretion to refuse to register any association if the association does not meet certain specified conditions spelt in the law.

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