National Assembly Speaker Moses Wetang'ula has said Kenya is deeply religious and institutions must uphold and protect public moral.
Through his official Twitter page, Wetang'ula said the Supreme Court ruling that gave a green light for the registration of LGBTQ society may lead to unintended consequences.
"Each individual and/or public institution, including the judiciary, has a duty to uphold, defend and protect public morals. The SC pronouncement may lead to unintended and unhelpful consequences," he said.
"Kenya is deeply religious."
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.
Supreme Court ruled that the NGO Coordination 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.
On May 24, 2019, the High Court upheld laws criminalising homosexual acts between consenting adults.
The court was addressing a petition filed in 2016 by three Kenyan organisations that work to protect the rights of lesbian, gay, bisexual, and transgender people.
The groups said criminalisation of same-sex conduct under articles 162 and 165 of the penal code violates the rights to equality, non-discrimination, human dignity, security, privacy, and health, all protected under Kenya’s constitution.
Kenya’s anti-homosexuality laws were first imposed by British colonists in 1897.
Article 162 punishes carnal knowledge against the order of nature with up to 14 years in prison, while article 165 makes “indecent practices between males” liable to up to five years in prison.
