Kaluma challenges Supreme Court to reconsider judgement on gay rights

Homa Bay Town MP Peter Kaluma responds to Tuesday's Supreme Court decision upholding the right of the NGLHRC to register.  [Elvis Ogina, Standard]

Homa Bay Town MP Peter Kaluma has said that he will be returning to the Supreme Court to petition the court to reverse its purported amendment of article 27(4) of the constitution to define sex to include sexual orientation.

Kaluma said that the apex court must reaffirm the position of the society that sex means and must only mean the biological state of being male or female as observed at birth, excluding foreign sexual orientation and gender identity ideologies.

The Homa Bay Town MP was responding to a decision by the Supreme Court on Tuesday dismissing his application seeking a review of a judgment it delivered in February this year in which it ordered the registration of homosexual associations in the country.

“In March this year acting in public interest I lodged an application before the Supreme Court asking the court to review and set aside the bad judgement, in my application, I challenged the power of the courts to amend the constitution to introduce foreign homosexual ideologies into the country,” said Kaluma.

Kaluma challenged the court to reconsider the meaning Kenyans attached to the word “sex” during the constitution-making being the biological state of being male or female observed at birth and to reverse its decision determining that “sex” includes “sexual orientation” as this opened the country to claims by over 150 LGBTQ categories.

Addressing Journalists in Parliament buildings yesterday, said this decision meant that the court would have the immediate impact of collapsing the rights of girls and women that the people of Kenya had won through decades of hard struggle including the two-thirds gender rule prescribed in the very article 27(4) which the supreme court purported to amend without due mandate.

The Homa Bay Town MP said that in dismissing his application the court disregarded the substance and merits of the application and proceeded on the technicality that he was not party to the earlier proceedings and therefore could not apply or be heard on the substance of the matter.

“ It did not matter to the Supreme Court that the contestation I had placed before it through the application for review was that the court had by the determination purported to amend the constitution which amendment was affecting not just the parties to the proceedings but everybody,” said Kaluma.

The MP insisted that the judgement that he sought to have reviewed is bad and cannot be allowed to stand as it will make a dangerous precedent binding upon all courts and allow the courts to make law under the guise of judicial interpretation.

Kaluma said that the judgement has moved sex from being a biological state of being male or female to the over 150 current gender categories abbreviated as LGBTQ thereby collapsing the spaces and opportunities that we have established for women after decades of hard fight.

He said that there was a need to expedite the enactment of the family protection bill into law to bring clarity to this matter with finality and that he had already addressed the speaker of the national assembly on the delay noted in processing of this bill through the relevant committee of parliament and was awaiting his direction on the matter.

“This bill once enacted into law will enable the representatives of the people in parliament to forbid the push to introduce homosexuality in our country at once, the courts have been the weakest link in the battle for family values across the world, our success before the courts will not be easy but the battle must be fought because it is the right thing to do to save humanity,” said Kaluma.

The MP has written to the Speaker of the National Assembly proposing an amendment to the constitution to repeal article 259(4) of the constitution and to define “sex” in the constitution since this will seal the constitutional gaps the courts are relying upon to introduce homosexuality into the country under the guise of judicial interpretation.

Kaluma said that in the United States of America where homosexuals are thought to have succeeded over 500 bills have been proposed in state legislatures in the house of congress and the Senate seeking to claw back against the various aspects of LGBTQ in 2023 alone.

He said that the people of the United States of America have made a strong message to the world against homosexuality and LGBTQ by collapsing target stores, bud light beer and other enterprises that attempted to support gay rights.

“ I urge all persons and institutions of goodwill to stand firm and ready themselves to fight, even if we do not win before the courts as is the case across the world, I am certain we will win the people and before the people’s representatives in parliament,” said Kaluma.