MP Kaluma: Supreme court should vacate LGBTQI ruling or be disbanded

Homa Bay Member of Parliament Peter Kaluma addressing journalists on the Supreme Court ruling on LGBTQI at Parliament Buildings

Homa Bay Member of Parliament Peter Kaluma addressing journalists on the Supreme Court ruling on LGBTQI at Parliament Buildings on March 1, 2023. 

Photo credit: Lucy Wanjiru | Nation Media Group

Some lawmakers have threatened to amend the Constitution to disband the Supreme Court over its decision to allow the registration of lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) groups.

The lawmakers drawn from the Catholic and Muslim MPs (CAMPS) caucus separately vowed to challenge the apex court ruling to the bitter end.

They accused western countries of funding pro-LGBTQI campaigns around the country and threatened to deregister any organisation promoting “immoral activities that go against the Christian, Muslim, Hindu and other religious teachings”.

Homa Bay Town MP Peter Kaluma, a Catholic, termed the ruling an affront to social norms, which must be fought to ensure the country’s diverse cultural ways are not eroded.

“We are going back to the Supreme Court for a review. It is good that only three judges were in agreement with the ruling. We would want the full bench to review the decision,” said Mr Kaluma.

The MP said they would ask the apex court to vacate the judgment.

“If it doesn’t, we will go back to the people who have the ultimate power to disband the Supreme Court. We will also initiate a Bill to deregister organisations promoting LGBTQI activities,” said Mr Kaluma.

In its ruling on Wednesday last week, the seven-member Supreme Court by a majority of three against two judges allowed the registration of LGBTQI groups in the country.

Justices Philomena Mwilu (Deputy Chief Justice), Njoki Ndung’u and Smokin Wanjala argued that the Constitution guarantees the right and freedom to associate and that it was discriminatory for the NGO Coordination Board to reject the application of LGBTQI groups for registration based on sexual orientation.

The judges also noted that the government through the NGO Coordination Board had condemned members of the LGBTQI fraternity unheard by refusing to register them.


But even as the judges made the argument, they noted that homosexuality remains a crime in the country.

However, Justices William Ouko and Mohammed Ibrahim, in their dissenting opinion, noted there was no point in registering an organisation that would promote illegalities.

Chief Justice Martha Koome and Justice Isaac Lenaola were not part of the bench that heard the appeal.

Bobasi MP Innocent Obiri, the chairman of Catholic MPs in parliament warned that the NGO board will be starved of cash and disbanded should it go ahead to comply with the apex court’s directive.

Mr Obiri maintained that the act is ungodly, immoral and against the African culture and must not be imposed on Kenyans in exchange for aid by countries from the west.

“If the NGO Board becomes a conduit in registration of such illegal activities in the country, then Parliament will have no alternative but enact a law for its disbandment. We have many pressing challenges affecting the country currently like drought, hunger, poor infrastructure and then somebody chooses to fund LGBTQ,” said Mr Obiri.

“The support for the LGBTQ is now linked to foreign aids, you are denied funding if you oppose LGBTQI,” he added as his Tongaren colleague and secretary general of the Catholic MPs, Mr John Chikati, dug in.

“The NGO board should be very careful. It should do a thorough investigation on all organizations seeking to be registered and whether they comply with our morality as a country,” said Mr Chikati.

The NGO board is among the government agencies tasked with the implementation of the Supreme Court judgment.

US roped in debate

Mr Kaluma has already initiated the process to legislate against LGBTQI and said it was not a coincidence that the shocking Supreme Court verdict was issued on the day US First Lady Jill Biden was visiting the country.

“We cannot permit immorality expressly prohibited by our laws, it is interesting that the Supreme Court determination was issued when the US First Lady was coming, it is not coincidental then they are giving us Sh16 billion,” Kaluma said even as he revealed that he has been a subject of travel ban threats.

On Tuesday this week, Kenya received Sh15,978,060,000 from U.S. Agency for International Development (USAID) for food assistance, which Mr Kaluma noted that the donation is bait to have Kenya support homosexuality, a move he said must be resisted.

“There is no right in being gay or lesbian. I have been receiving a lot of threats on this initiative. On the day the Bill will be tabled, it will be Kenyans versus Sodom and Gomorrah. Anyone who will be on the other side will be in Sodom,” added the Homa Bay Town MP.

Another group of MPs calling themselves Bunge Fellowship also condemned the ruling saying it goes against the country’s moral and cultural fabric that binds this country.

The lawmakers vowed to go to any length to have the decision rescinded reiterating that marriage is strictly between a man and a woman.

“In the same breath as MPs who believe in Christ have committed several legislative proposals that seek to reverse or erase the very unfortunate and preposterous ruling that appears to legalize sin in the country,” Nyandarua Woman Representative Faith Gitau.

“We shall go whichever heights possible including further constitutional amendment in parliament and referendum if necessary,” she added.