- In the case, LGBTQ activist Eric Gitari had challenged the refusal by the NGO Coordination Board to register their association.
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The apex court ruled that the NGO borad violated Gitari's right to freedom of association by refusing to register his NGO on the basis of his sexual orientation.
Image: BBC
A religious lobby group has expressed disappointment with the Supreme Court judges’ verdict that gives room for registration of gay and lesbian associations.
Under the auspices of Kenya Christian Professionals Forum, the group said the apex court judgment is a threat to the sanctity of marriage and the moral campus of the society.
It further said it will start collecting views of Kenyans on the matter with a view of reversing the entrenchment of gay and lesbianism in the country.
“We are disappointed that the majority opinion of the Supreme Court of Kenya, despite clear exposition by the pro-family lawyers who represented the NGO Board, the Attorney General and KCPF respectively,” KCPF chairman Charles Kanjama said in a statement.
“We call upon Kenyans to reflect upon the slippery slope we have been thrust upon by the Supreme Court judgement. We have a right and duty to defend our moral values, and to have laws that align with our societal consensus on right and wrong. We have a right to safeguard our laws.”
Kanjama was responding to a Friday judgement by the Supreme Court judges that gave the greenlight for the registration of lesbian, gay, bisexual, transgender and other queer individuals (LGBTQ) society.
“The judgement opens the way to the gradual dismantling of our legal, moral and cultural prohibitions against sexual behaviour, which is so destructive of the individual, families, communities and the nation,” he said.
“While they did not overturn the anti-sodomy laws in the Penal Code for now, it has signalled that gays and lesbians can now engage untrammelled by legal restrictions to unravel our various guardrails against promotion of homosexuality.”
In the case, LGBTQ activist Eric Gitari had challenged the refusal by the NGO Coordination Board to register their association.
The case moved from the High Court all the way to the Supreme Court.
In the judgment, the apex court ruled that the board violated Gitari's right to freedom of association by refusing to register his NGO on the basis of his sexual orientation.
The judges ruled that the decision by the board was discriminatory.
Deputy Chief Justice Philomena Mwilu, justices Smokin Wanjala and Njoki Ndung’u ruled in favour of the LGBTQ while justices William Ouko and Mohammed Ibrahim gave dissenting opinions.
"It would be unconstitutional to limit the right to associate through denial of registration of an association purely on the basis of the sexual orientation of the applicants," the court ruled.
The court further said 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 court said the use of the word sex does not connote the act of sex per se but refers to the sexual orientation of anyone’s gender, whether heterosexual, lesbian, gay or intersex.
But according to KCPF, the court’s decision will have far reaching implications, especially on the institution of the family.
“What can Kenyans who support promotion and protection of the natural family do after the Supreme Court has interpreted the prohibition against discrimination on grounds of sex to mean sexual orientation?” Kanjama said.
The Kikuyu Council of Elders, led by national chairman Wachira Kiago, has also spoken out against the latest court ruling.
Speaking to the Star on Sunday, Kiago said that the council the ruling went against the culture of their community. He went on to say that the council demanded respect for their traditions and values.
The council appealed to all parents to advise their children not to accept what they referred to as "evil behaviours," and expressed concern that allowing such behaviour could lead to the destruction of African generations.
According to Kiago, the acceptance of LGBT rights was a foreign way of life that was not in line with African culture and traditions.
“We won’t allow our people to lose their culture and we are against the court ruling," he said.