- Ruto said he respects the apex court decision but there is no room for same-sex marriage in Kenya.
- Deputy President Rigathi Gachagua attributed same-sex marriages and relationships to satanic beliefs.
The Supreme Court of Kenya did not declare LGBTQ is legal in the country.
The true position is, judges only issued a ruling allowing the registration of lesbians, gays, bisexuals, transgender and queer (LGBTQ) associations.
"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 decision by the board was discriminatory."
Court 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.
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.
Leaders and Kenyans at large were triggered by the ruling, causing national outrage as the act of same-sex relationships is being condemned.
On Thursday, President William Ruto termed homosexuality and same-sex marriage as immoral and unconstitutional and pledged they would not be tolerated in Kenya under his watch.
Ruto said he respects the apex court decision but there is no room for same-sex marriage in Kenya.
The act, he noted, flies in the face of the country’s laws and societal norms that make Kenya and will not be tolerated.
“You know me very well, I am a God-fearing man and whatever happened at the court, even if we respect the court, our culture, values, Christianity and Islam cannot allow women to marry each other, or men to marry fellow men,” he said.
Deputy President Rigathi Gachagua attributed same-sex marriages and relationships to satanic beliefs.
“Those are satanic beliefs, and we do not want them. That contradicts what we believe in,” Gachagua noted.
National Assembly speaker Moses 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 and institutions must uphold and protect public moral."
LGBTQ activist Eric Gitari 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.
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.