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National Assembly Speaker Moses Wetang’ula has criticized a recent judgment by the Supreme Court of Kenya that allowed the gay community in the country to formally register their own association.

In a tweet on Monday, February 27, 2023, Wetang’ula said the ruling threatens to erode Kenya’s moral fabric.

The Speaker noted that Kenya is a deeply religious country and the Judiciary, just like any other public institution, has a duty to protect its morals.

He further warned that the pronouncement by the court may “lead to unintended and unhelpful consequences”.

“Kenya is deeply religious. 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,” Wetang’ula weighed in on the judgement that has drawn criticism from various quarters including the church.

Kenya is deeply religious. 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 @WilliamsRuto @NationMediaGrp

— Rt.Hon.Moses Wetang’ula (@HonWetangula) February 27, 2023

In a majority judgment delivered on Friday, February 24, the apex court upheld the decision of the High Court and the Court of Appeal which found the NGO Coordination Board violated the right to freedom of association by refusing to register an NGO to champion the rights of the members of the lesbian, gay, bisexual, transgender and Queer (LGBTQ) community.

In the case, Eric Gitari had approached the NGO coordination Board seeking to register his NGO, an application which was rejected. He moved to the high court which allowed him to register his NGO.

The NGO coordination Board lodged an appeal at the Court of Appeal in Nairobi, challenging the whole judgment and decree of the High Court.

The Court of Appeal in 2019 by a majority of 3-2, dismissed the appeal, affirming the judgment of the High Court.

Dissatisfied with the Court of Appeal’s decision, the Board filed an appeal before the Supreme Court where the majority judges of 3-2 also dismissed it.

Deputy Chief Justice Philomena Mwilu and Supreme court judges; Njoki Ndung’u and Smokin Wanjala who were the majority, held that the Board violated the Gitari’s right to freedom of association under Article 36 of the Constitution.

“NGO Coordination Board’s decision was discriminatory… 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 judges ruled.

The judges noted that by refusing to register the NGO, the persons were convicted before they contravened the law which criminalizes gay sex.

Supreme Court Judges; William Ouko and Mohammed Ibrahim who dissented said the board did not violate any rights as freedom of Association is not absolute and may be subject to limitation.

Yesterday, Christ Is The Answer Ministries (CITAM) church also castigated the Supreme Court terming the judgement as contradictory.

“This rather contradictory ruling has left many of us wondering whether other illegal practitioners like pedophiles and those involved in incest also have the right to association and if not, how different they are from homosexuals. And perhaps criminal organisations as well,” CITAM’s Presiding Bishop Calisto Odede said in a statement on Sunday.

The church stated that it is interesting that the apex court delivered the ruling at a time when sections of the Church in the West decided to bless gay unions.

Bishop Odede said the church will not cower from condemning such rulings, arguing that encouraging homosexual behaviour wrecks the cultural norms of Africa and stands against Christian doctrines.

He called on Kenyans “of moral integrity” to reject the supreme court ruling claiming it will erode the societal norms in the nation even as he commended the section of Supreme Court judges that ruled against the majority decision.

“We note that this comes to us soon after sections of the Church in the West decided to bless gay unions. We truly commend the judges who ruled for God’s creative order and for cultural preservation and dissented from that majority ruling. Similarly, we also appreciate and stand with the sections of the Christian faith communities who have stood their ground on matters biblical in spite of the schism from their umbrella organisations,” Bishop Odede added.

“…We call upon Christians and Kenyans of goodwill to stand out in opposition to this ruling and express their disagreement openly.”