Court decision on LGBTQ promotes inclusivity – ICJ

"We condemn any form of discriminatory responses towards LGBTQ+ communities."

In Summary

• "The judgment has demonstrated the great strides that Kenya has taken to promote the rule of law, democracy and human rights," ICJ said.

• ICJ's stand came on a day that the government made its position known following the apex court decision rendered on February 24.

LGBTQ flag
LGBTQ flag
Image: BBC

The International Commission of Jurists has supported the Supreme Court's decision on the registration of the LGBTQ community saying it promotes and advances inclusivity as enshrined in the Constitution.

In a statement on Thursday, ICJ said the decision upholds the principle of the Constitution which guarantees freedom of expression and association.

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"The judgment has demonstrated the great strides that Kenya has taken to promote the rule of law, democracy and human rights," ICJ said.

The rights agency consequently advises the LGBTQ+ community in Kenya to report any injustices to security agencies and the Kenya National Commission on Human Rights, KNCHR.

"We condemn any form of parochial responses that entrench discriminatory responses towards LGBTQ+ communities regardless of their real or perceived sexual orientation and gender identity.

ICJ said it has reports of members of the LGBTQ community being confronted by landlords and employers saying rights groups responded to at least 117 cases of abuse in the last month.

"There are increasing cases of evacuation, relocation and psychotherapy while legal and health services are having to close due to safety concerns."

ICJ's stand came on a day that the government made its position known following the apex court decision rendered on February 24.

The court held that "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 decision caused an uproar with religious and political leaders calling on the government to take stern action and ensure the country does not embrace practices that are alien to the African culture.

And on Thursday, seeming in response to mounting pressure, President William Ruto and Deputy President Rigathi Gachagua spoke, sternly. 

"You all know me, I'm a respecter of God and you have heard what the court has said. In as much as we respect court decisions, our culture, traditions, our Christianity and Islamic beliefs do not allow a woman to marry a fellow woman or a man a fellow man," Ruto said.

He spoke at the KICC during the re-launch of the Women Enterprise Fund and the Second Product of the Hustler Fund.

"That cannot happen in our country so don't worry," he affirmed.

Speaking at the same event, Gachagua said he was so shocked by the Court decision so much that he became tongue-tied.

"We don't want those things, they are satanic. It goes against our beliefs. We have our traditions and customs and what they are suggesting is repugnant to immorality and justice and our way of life," he said.

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