Rarieda MP Otiende Amollo has faulted the Supreme Court for ruling that members of the queer community are entitled to the right of association and identification among others.
The ruling was delivered despite the fact that Kenya is among the 31 African countries that have illegalized same-sex engagements.
As per the apex court, it is discriminatory for the Non-Governmental Organization Board to refuse to register LGBTQ organizations.
“The Court determined that the use of the word "sex" under Article 27(4) does not connote the act of sex per se but refers to the sexual orientation of any gender, whether heterosexual, lesbian, gay, intersex or otherwise. It was of the view that the word "including" under the same Article is not exhaustive, but only illustrative and would also comprise "freedom from discrimination based on a person's sexual orientation.
“Therefore, the appellant's action of refusing to reserve the name of the 1st respondent's intended NGO on the ground that "Sections 162, 163 and 165 of the Penal Code criminalizes Gay and Lesbian liaisons" was discriminatory in light of Section 27(4) of the Constitution,” the ruling read in part.
Reacting to the verdict, Otiende suggested the apex court was setting a bad precedent.
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"Lakini This Supreme Ct Decision On LGBTQ…, So We Can Now Register Associations Of Rapists, Robbers & Other Miscreants?.., Awuoro!"
Lakini This Supreme Ct Decision On LGBTQ…, So We Can Now Register Associations Of Rapists, Robbers & Other Miscreants?.., Awuoro!
— Otiende Amollo, SC,MP, EBS (@OAmollo) February 25, 2023
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