- Kaluma claimed courts have been the weakest links in the battle to preserve family values across the globe.
- “Our success before the courts will not be easy but the battle must be fought because it is the right thing to do to save humanity.”
Homa Bay Town MP has vowed to return to the Supreme Court to challenge a decision on the registration of an LGBTQ lobby and the definition of sex.
The Apex court on Tuesday threw out an application by Kaluma that sought to challenge the ruling saying he was not a 'party' to the initial case and therefore could not apply or be heard on the substance of the matter.
It upheld the right of the National Gay and Lesbian Human Rights Commission (NGLHC) to register.
NGO Coordinating Board had refused to register the lobby 10 years ago claiming it promoted same-sex behavior but in February, the Supreme Court said NGLHC should be registered.
Opponents of the ruling applied for the review of the ruling.
On Wednesday, Kaluma said he is pushing for the enactment of the Family Protection Bill 2023 even as he returns to the Supreme Court.
Addressing a press conference at Parliament Buildings, Kaluma claimed courts have been the weakest links in the battle to preserve family values across the globe.
“Our success before the courts will not be easy but the battle must be fought because it is the right thing to do to save humanity,” he said.
Kaluma said he would return to the Supreme Court to petition it to reverse “its purported amendment of Article 27 (4) of the Constitution to define sex to include sexual orientation.”
“The judgement will collapse the spaces and opportunities we have secured for women after decades of fighting. Some men will come out and say they are female just to grab opportunities set aside for women,” he said.
Kaluma said nobody would question such men because the court ruled that sex includes “sexual orientation.”
“We must get the court to reaffirm the position of our society that sex means and must only mean the biological state of being male or female as observed at birth, excluding foreign sexual orientation and gender identity ideologies,” he added.
Kaluma said he has already raised concerns with the Speaker of the National Assembly Moses Wetangúla over delays in processing his Bill through the relevant committee of the House.
“This Bill, once enacted into law will enable representatives of the people in Parliament to forbid the push to introduce homosexuality in our country at once,” he said.
Kaluma further said he has written to the Speaker proposing an amendment to the Constitution to repeal Article 259 (4) of the Constitution and to define “sex”.
“This will seal constitutional gaps the courts are relying upon to introduce homosexuality in the country under the guise of judicial interpretation,” he said,
He stated that in the US where homosexuals are thought to have succeeded, over 500 Bills have been proposed in state legislatures, in the House of Congress and the Senate seeking to claw back various aspects of homosexuality.
“So is the case with Europe and other countries forming the larger West where laws with similar provisions as our Family Protection Bill have been proposed and several passed,” he said.
In his application before the Supreme Court, dated March 9, 2023, Kaluma asked the court to stay the orders allowing an NGO Coordination Board (listed as 1st respondent) to register members of the LGBTQ community.
The MP also contested the February 24, 2023 judgement where the court laid down the use of the word 'sex' under Article 27(4) of the Constitution to refer to ‘sexual orientation of any gender’, whether heterosexual, lesbian, gay, intersex or otherwise.