MP Kaluma speaks on way forward after Supreme Court's decision on LGBTQ

He said the court should reverse the definition of 'sex' under Article 27(4) to include 'sexual orientation'.

In Summary
  • Kaluma said the court disregarded the merits of the application on technicality that he was not a party to earlier proceedings and therefore, he can’t apply or be heard on the substance of the matter.
  • Kaluma said that he will return to the Supreme Court until it reverses the definition of 'sex' under Article 27(4) to include 'sexual orientation'.
Homa Bay MP Peter Kaluma.
Homa Bay MP Peter Kaluma.
Image: FILE

Homa Bay MP Peter Kaluma has given the way forward following the Supreme Court's decision on the LGBTQ community.

On Tuesday, the Supreme Court in a ruling dismissed Kaluma's appeal to review its decision.

Kaluma said the court disregarded the merits of the application on technicality that he was not a party to earlier proceedings and therefore, he can’t apply or be heard on the substance of the matter.

Kaluma said that he will return to the Supreme Court until it reverses the definition of 'sex' under Article 27(4) to include 'sexual orientation'.

"Sex means and must only mean the biological state of being male or female as observed at birth," he said.

He said the judgement makes sex/gender fluid moving it from the biological state of being male or female to many gender categories.

Kaluma added that it collapses the spaces and opportunities created in the decades of fighting for the rights of girls and women.

The legislator also said that he will ensure the Family Protection Bill is enacted into law by Parliament.

He said that he will repeal the definition of “includes” in Article 259(4)(b) of the Constitution.

"This is the provision the courts hide under to amend the Constitution and other laws in Kenya without due mandate. Let’s remain alert to efforts at cultural imperialism in Africa by the West," Kaluma said.

The court first made the verdict in February this year saying the NGO coordination board erred by refusing to register the National Gay and Lesbian Human Rights Commission (NGLHRC), thereby denying it formal organization recognition.

The board claimed NGLHRC "promoted same-sex conduct".

Following the apex court's ruling, Kaluma filed an appeal against the judgment in the same court.

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