Muslim clerics slam Supreme Court over LGBTQ ruling

Abdullatif Essajee.

Jamia Mosque Vice President Abdullatif Essajee speaking at Jamia Mosque, Nairobi, on September 22, 2023.

Photo credit: cecil Odongo | Nation Media Group

Muslim clerics have criticised the Supreme Court for allowing the registration of the National Gay and Lesbian Human Rights Commission (NGLHR), saying it has betrayed the trust Kenyans have placed in the court.

Jamia Mosque deputy chairman Abdullatif Essajee and Jamia Mosque Majlis Ulamaa member (member of the Council of Imams) Sheikh Ahmadnur Mohamed condemned the ruling, saying that allowing same-sex groups to register was against Kenyan traditions.

Essajee said the ruling was against the Kenyan constitution and was punishable by up to 14 years in prison under Kenya's penal code. He praised neighbouring Tanzania and Kenya for outlawing homosexuality, which he said was destroying the family unit in Kenya.

"It defies logic and understanding for judges to allow groups promoting homosexuality to be registered. As Muslims, we oppose this ruling," said Essajee at the Jamia Mosque on Friday (September 22).

Ten years ago, the Kenya NGO Coordinating Board refused to register the NGLGR on the grounds that it promoted same-sex.  Three of the Supreme Court judges who ruled on the case said it was unconstitutional to restrict the right to association by refusing to register an association solely on the basis of sexual orientation.

"There is an increasing push by western countries and organisations to promote LGBTQ in Kenya. We call on President Ruto to do what Uganda’s President Yoweri Museveni and Tanzania’a Samia Suluhu did by taking a stand on homosexuality," added the cleric, who is also well-versed in international relations.

Sheikh Mohamed said Islam says men and women are equal but not identical, so they can't have the same rights, roles and responsibilities.  He said sexual relations are only allowed within the limits of marriage in Islam.

"The position of Muslims and Islam will never change, no matter what spirit is trying to promote homosexuality. We are portrayed as attacking people's identities when we talk about homosexuality. But historically it has been associated with the act and not the identity of the people," said Sheikh Mohamed.

While disagreeing with the registration of LGBTQ groups, Justices Mohamed Ibrahim and William Ouko said the actions advocated by the organisation were against the law or prohibited by the law.