Kenya: Kaluma Seeks Review of Ruling Allowing Registration of LGBTQ Lobby Groups

13 September 2023

Nairobi — Homabay Town Member of Parliament Peter Kaluma is now seeking a review of the Supreme Court decision dismissing an appeal contesting decisions by the High Court and Court of Appeal allowing the registration of LGBTQ lobby groups under the Non-Governmental Organisations (NGO) Act.

Kaluma faulted the apex court stating that the seven-bench judge dismissed his case on a technicality that he was not party to the earlier ruling.

He pointed out that the judgment must not be allowed to stand because it set a bad precedence for all courts.

"We have to go back to the Supreme Court and we will continue going back until that court and their conscience is pricked sufficiently to know that it exists for Kenyan society not for whoever it purports to be making those determinations," he said.

The third-term MP said he had petitioned the National Assembly Speaker over the delay in presenting the Family Protection Bill up for debate.

He protested that the Justice and Legal Affairs Committee had been sitting on the Bill for months while they were to finalize their consideration in 30 days.

The Homabay Town MP lamented that the court have been the weakest link in the battle for family values alleging that it has been captured by external forces.

Kaluma insisted that the Supreme Court must not be given the leeway to amend the constitution under the guise of judicial interpretation saying it allows bad precedent on the law-making process.

"Our success before the courts will therefore not be easy but the battle must be fought because it's the right thing to do to save humanity," Kaluma.

Should the court fail to reverse their interpretation of Article 27(4) of the Constitution that paved way for the registration

The lawmaker is pushing for the enactment of the Family Protection Bill whose passage and enactment Kaluma believes will forbid the push to introduce homosexuality.

He noted that the Social Protection committee has failed to submit its report on the legislative proposal as required which he decried had taken more than 45 days.

"Under our standing orders the relevant committee would sit to consider the matter within 30 days but now it has taken months and it's a concern I have noted," Kaluma said.

The Homa Bay Town legislator pointed he has subsequently written two letters to the Speaker of the National Assembly to expedite the matter following the move by the Supreme Court to thwart his application.

"We are engaged in a war not only to save our society but to salvage humanity from homosexual pervesion. The war is not easy but it must and shall be won," Kaluma stated.

The Supreme Court had dismissed an appeal by Homa Bay Town lawmaker Peter Kaluma contesting decisions by the High Court and Court of Appeal allowing registration of LGBTQ lobby groups under the NGOs Act.

The two superior courts arrived at the finding after settling on a judicial interpretation defining the phrase 'every person' under Article 36 of the Constitution as all persons regardless of their sexual orientation.

Challenging the position, Kaluma accused the courts of opening a flood gate for the promotion of a pro-gay and lesbian agenda in the country.

In its ruling dismissing Kaluma's appeal on Tuesday, Justices of the Supreme Court termed the appellant as incompetent saying he was not party to the suit from the beginning.

"Section 21A of the Supreme Court Act provides for the circumstances pursuant to which this Court may review its own decision on an application filed by "a party"," the court asserted.

The Supreme Court said Kaluma had failed to prove that decision from the two superior courts under it were obtained through deceit.

"The applicant has [not] demonstrated to our satisfaction that the impugned Judgment was obtained by fraud or deceit, is a nullity, or that the court was misled into giving its judgment under a mistaken belief that the parties had consented thereto."

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