Homa Bay Town Member of Parliament Peter Kaluma has vowed to return to the Supreme Court to challenge the ruling that dismissed his application to bar the registration of LGBTQ groups.
The Supreme Court in a ruling delivered by a five-judge bench on Tuesday, September 12, declined to review the definition of the term “Sex” and struck out Kaluma’s application both on merit and substance.
However, the Homa Bay Legislator says he will make another attempt in his determination to have the court reverse the landmark ruling of February 24.
In a subsequent response, Kaluma listed going back to the Apex Court as one of the reliefs to advance his agenda.
“The judgment we sought to review is bad and can’t be allowed to stand as it will be a dangerous precedent,” Kaluma stated.
According to him, the court erred in its definition of the term “Sex”.
He insisted that the court’s interpretation of the term was inconsistent with the original idea held by the framers of the constitution.
Kaluma’s Protection Bill
Further, the MP vowed to push for the enactment of the Family Protection Bill- a bill he says will help to clarify on the meaning of “Sex” in Kenya.
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Additionally, Kaluma has sworn to advocate for the amendment of the constitution to exclude “sexual orientation” from the definition of “Sex” in Kenyan law.
Also listed among the reliefs for the MP is a move to repeal the definition of the word “includes” in the constitution.
According to him, the word “includes” has been applied erroneously in court decisions.
He further decried the recent support towards sexual equality from human rights activists noting that the Supreme Court decision would affect other aspects of life in Kenya.
Supreme Court Aftermath
Following the Tuesday decision, Kenyans have expressed mixed reactions on the matter.
Former Machakos Senator and current member of the Parliamentary Service Commission Johnson Muthama reacted to the ruling.
He noted that allowing registration of the LGBTQ community groups would “undermine the deeply rooted cultural and religious values” of Kenya.
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“With all due respect to the courts, today’s ruling by the Supreme Court reaffirming the rights of the National Gay and Lesbian Human Rights Commission (NGLHRC) to register as an NGO in Kenya undermines the country’s deeply rooted cultural and religious values,” Muthama stated.
Focus will be on Kaluma in his determination to push for the review of the Supreme Court decision.
The move comes despite the Apex Court’s affirmation that Kaluma’s application did not qualify as a circumstance under which the court can review its decision.
