Religious leaders, MPs team up to fight verdict on gays

By , March 2, 2023

Lawmakers yesterday mounted pressure on the Supreme Court to reverse its decision allowing registration of Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) groups in Kenya, saying this was done to attract donor funding.

The MPs also threatened to pass a law that would  deregister any LGBTQ organisation in the country should the Supreme Court fail to heed the appeal.

Addressing separate conferences under different caucuses, the lawmakers, who condemned the ruling, threatened to push for the disbandment of the Supreme Court on grounds that it is passing rulings that go against the morals of the country.

While calling out the three judges who ruled in support of LGBTQ groups, the MPs said they cannot allow such organisations to prosper in Kenya.

The caucus groups include Catholic MPs spiritual initiative (CAMPSI), Bunge Fellowship Group and those of Muslim faiths. They termed same-sex acts as ungodly, immoral and against African culture.

“We have many pressing challenges affecting the country, like drought, hunger, poor infrastructure; yet somebody is choosing to fund LGBTQ,” said CAMPSI chairman Innocent Obiri.

He added: “The current support for LGBTQ is linked to foreign aids; you are denied funding if you oppose LGBTQ.”

The CAMPSI secretary general, who is also the Tongaren MP, John Chikati warned the NGO Board against registering any association linked to LGBTQ as this would cause its disbandment.

“The National Council of NGOs should be very careful and do thorough investigation on all organisations seeking to be registered. If the NGO Council becomes a conduit in registration of such illegal activities, then Parliament will have no alternative but to move a Bill for its disbandment.”

Homa Bay MP Opondo Kaluma, who is sponsoring an anti-LGBTQ Bill in Parliament, said it was not a coincidence that the Supreme Court verdict was on a day US First Lady Jill Biden was visiting Kenya.

On Tuesday, Kenya received Sh16 billion from US Agency for International Development (USAid) for food assistance. “We cannot permit immorality, expressly prohibited by our laws. It is not coincidental that the US is giving us Sh16 billion,” he said.

Kaluma revealed he has held meetings with various religious groups and they will urge the Supreme Court for a review since the ruling was backed by only three judges.

Deputy Chief Justice Philomena Mwilu and justices Smokin Wanjala and Njoki Ndung’u ruled in favour of LGBTQ groups, while justices William Ouko and Mohammed Ibrahim dissented.

“If the Supreme Court doesn’t review its decision, we will go back to the people who have the ultimate power. We will also initiate a Bill to deregister any organisation promoting LGBTQI, said Kaluma.

The MP claimed he has received threats from foreign nations that support LGBTQ, but that his Bill, if passed into law, would deal with people  promoting, aiding, abetting and supporting homosexuality.

“There is no right to being gay or lesbian; I have been receiving many threats on this initiative. On the day the Bill will be tabled, it will be Kenyans versus Sodom and Gomorah,” he said, adding: “These people are recruiting our youth for as little as Sh500. They are all over the place. Let them know that there is no going back on this.”

On his part, Nyaribari Chache MP Zahir Jhanda affirmed that MPs would amend the law to criminalize homosexuality.

Another caucus of MPs, calling itself Bunge Fellowship, also condemned the ruling. Led by Nyandarua Woman Representative Faith Gitau, they vowed to introduce constitutional amendments to have homosexuality declared illegal. “In the same breath, as MPs who believe in Christ, have committed several legislative proposals that seek to reverse or erase the unfortunate and preposterous ruling that appears to legalise sin,” said Ms Gitau.

The Muslim MPs, led by caucus chairperson and Mandera North MP Sheikh Abdulahi, said: “Whatever the Supreme Court did is unethical, un-cultural and unacceptable in Kenya”.

Meanwhile in Mombasa, Muslim clerics and scholars have called for investigations into the conduct of the three judges who ruled in support of LGBTQ groups.

Led by Coast Muslim Scholars and Supreme Council of Kenyan Muslims (Supkem), they read mischief in the judges’ motive and threatened to collect signatures seeking to have them removed from office. Shaikh Badru Khamis of Masjid Fayaz said the three judges should be probed, adding that they went against the will of majority Kenyans.

“We are not going to relent; if need be, we will petition this ruling in the East Africa Court of Justice,” said Shaikh Khamis.

In Kisii, more than 100 pastors also took issue with the Supreme Court ruling. The pastors, drawn from various churches, said they have a mandate to protect vulnerable Kenyans from such practices.

Pastor Evans Onduso, who read the clerics’ statement, said freedom of association is inconsistent with the ruling. “No group should enjoy freedom more than others. The church is the custodian of morality and God’s ordained institutions,” Onduso said, adding that the court’s decision is based on law and not morality.

Stories by Mercy Mwai, Harrison Kivisu and Robert Ochoro

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