Homa Bay Town MP Peter Kaluma now wants parliamentary leadership to clear the way for the passage of the Family Protection Bill, 2023, which has been lying in the pre-publication stage for almost two years.

This was after newly sworn-in United States President Donald Trump signed an Executive Order recognising only two genders—males and females.

Kaluma who has been a vocal proponent of the family protection, claimed former US President Joe Biden administration had a hand in frustrating the passage of the family protection law.

Two genders

The bill, sponsored by Kaluma seeks to ban homosexuality, same-sex unions, as well as LGBTQ activities and campaigns. Further, the proposed law intends to prohibit gay parades, assemblies, marches and public cross-dressing.

Article 45 of the Constitution recognises the family as the “natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State”.

The Constitution further explicitly provides that every adult has the right to “marry a person of the opposite sex, based on the free consent of the parties”.

While hailing Trump’s Order yesterday, Kaluma urged National Assembly Speaker Moses Wetang’ula to allow for the smooth processing and adoption of the bill.

“It has been very difficult to fight homosexuality because of the Democrats administration which has been pushing homosexuality down our throats. Now that there is a regime change, the bill should now be revived and processed,” said Kaluma.

In 2011 President Barack Obama instructed officials to consider how countries treat their gay and lesbian populations when making decisions about allocating foreign aid, the first US government strategy to use foreign aid in promoting LGBTQ.

Biden was vice-president under Obama before later becoming president.

According to the Kaluma bill, individuals engaging in non-consensual same-sex acts could face imprisonment for a minimum of 10 years and a maximum of 50 years.

According to Kaluma, Trump’s decision to recognise only the two genders now will ensure that the number of youths who have been vulnerable to HIV/Aids and other sexually-transmitted diseases reduces.

Kaluma was categorical, that he would also move back to the Supreme Court to seek judicial review over the rights of the gay community.

In 2023 at the height of the debate, the Ministry of Labour and Social Protection developed a National Policy on Family Promotion and Protection, which provides that marriage, is a voluntary union of a man and woman whether in a monogamous or polygamous union (Marriage Act 2014).

Significant milestone

In September, the Supreme Court sitting in Nairobi made a landmark ruling to allow the registration of LGBTQ non-governmental organisations.

The Supreme Court’s ruling deemed such discrimination unconstitutional, marking a significant milestone for LGBTQ organisations in the country.

“I want to request the leadership of Parliament to allow me to proceed with the Family Protection Bill 2023. What President Trump signed as an Executive Order is similar to what is contained in this Bill,” said Kaluma.

Round 8 of the Afrobarometer survey from 2019–2021 indicates that only 10 per cent of Kenyans are tolerant of the LGBTQ community.

The Penal Code however vaguely criminalises “unnatural sexual offences” without specifically mentioning same-sex relationships or marriages.

In southern Somalia, Somaliland, Mauritania, northern Nigeria, and Uganda, homosexuality is a capital offence.

In Sudan, Gambia, Tanzania, and Sierra Leone, offenders can receive life imprisonment for homosexual acts, although the law is not enforced in Sierra Leone.