The Supreme Court has dismissed a petition by Homa Bay Town Member of Parliament Peter Kaluma seeking to overturn the decision allowing registration of LGBTQ groups in Kenya.
Kaluma had moved to the Court in March seeking to invalidate the ruling made by the Supreme Court on the matter.
In his Application, Kaluma argued that the decision to allow LGBTQ registration was a result of an error from the judges.
He made a prayer to the court requesting it to revisit the definition of the term “sex” after the court affirmed that the term refers to sexual orientation of any gender, whether heterosexual, lesbian, gay, intersex or otherwise.
What the Court Said
In a ruling delivered on Tuesday, September 12, however- the Apex Court noted Kaluma failed to substantiate his claims and that his application was not in accordance with set regulations.
Furthermore, the five judges ruled that it was impossible to petition the Supreme Court to overturn its own decision under the circumstances.
In their view, Kaluma’s application fell out of the select circumstances under which the Apex Court can review its decision.
As per the judges, Kaluma’s application fell short of demonstrating that the ruling to allow registration of the LGBTQ was influenced by fraudulent activities or deceit- among other circumstances that could influence such an application.
Also Read: Not in Kenya- Ruto Speaks on LGBTQ Ruling by Supreme Court
Thus, the judges concluded that such an application could not stand.
“The applicant has not demonstrated how his matter conforms to the specific parameters enumerated under Section 21A of the Supreme Court or in the Outa case,” the ruling read in part.
What’s more, the Supreme Court ordered Kaluma to bear the cost of his application, noting that he ought to have known that “his application was misconceived ab initio”.
Also Read: MP Kaluma Says He is Being Threatened Over Anti-LGBTQ Bill
Kaluma vs LGBTQ
In a ruling on February 25, the Supreme Court ruled that persons identifying as members of the LGBTQ community have a right to associate.
Consequently, the Apex Court gave such groups a greenlight to seek registration by the Non-Governmental Organizations (NGO) Board in Kenya.
The decisions, however, sparked mixed reactions as Kenyans debated on the legality of such a move. Peter Kaluma was among the most vocal critics of the ruling and vowed to challenge it.
In addition, Kaluma moved to initiate a bill in parliament seeking to criminalize LGBTQ activities in Kenya.
