There has been a lot of debate recently following the judgment by the Supreme Court allowing persons of the LGBTQ community to register associations recognised by the state.
A number of religious and political leaders have opposed the judgment, terming it propagation of immorality in society. Sections 162 (a) and (c), 163 and 165 of the Kenyan Penal Code criminalise carnal knowledge against the order of nature, which includes bestiality and homosexuality, punishable by up to 14 years in jail.
The Constitution of Kenya allows for free association of persons. Article 36 (1) provides that every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind.
Further Article 27 provides for the right to equality and equal protection before the law and further prohibits the government and individuals from discriminating either directly or indirectly against any person on any ground, including conscience and belief.
Since 2012, the Kenya National Gay and Lesbian Human Rights Commission has been pushing for registration as a non-governmental organisation and the judgment puts an end to the question of its recognition.
However, there is an uproar over the harm this judgment may cause to society's morality. Religious leaders have been loudest, calling for a total ban on homosexuality. Politicians have also not been left out, with leaders from both sides of the political divide speaking in one voice on the issue despite not seeing eye to eye on a wide range of others.
The anti-gay rhetoric poses the risk of promoting homophobia, which according to Planned Parenthood is defined as the fear, hatred, discomfort with or mistrust of people who are lesbian, gay or bisexual. The promoters of this rhetoric label the habit as a pathological disorder, yet there has been no scientific evidence to support their claims, instead of only claiming it is sin.
This is likely to incite attacks against LGBTQ persons and their loved ones in the guise of purging these elements from society.
Recently, popular gospel singer Daddy Owen added his voice to the fray, claiming an elaborate plot to introduce homosexuality in the guise of counselling and training about mental health.
He added that due to his strict stance on the habit, he would lose his Instagram account and get blocked from travelling to America. It is worth noting that all his claims were unsubstantiated.
The Supreme Court has over the years experienced attacks from various quarters over its 'controversial' judgments. This ruling adds to this list. The attacks against it are likely to increase, leading to public mistrust.
Furthermore, this debate may overshadow more pressing issues such as the rising cost of living, the drought and insecurity in the North, which affect the majority of the population.
Already there is talk to introduce a bill at the National Assembly to further criminalise homosexuality by Homa Bay MP Peter Kaluma.
If only we could address every ‘vice’ with the same zeal and commitment that this topic has gotten in the last week, what a wonderful and progressive country we would have.
