NAIROBI, Kenya, Mar 15 – Nyali Member of Parliament Mohamed Ali wants a total ban on discussion, publication and dissemination that has to do with Lesbians, Gays, Bisexuals, Transgender and Queer (LGBTQ)
In his motion, the second term MP called for the arrest of all LGBTQ members arguing that the practice is ungodly, illegal and should not be tolerated.
“These are not human rights. Those are demonic behavior and we cannot allow such behaviors in our country. We will not allow unions or any NGO associations for those kinds of people,” Ali said.
“The Quran is clear about gays and lesbians. The Bible is also clear about LGBTQ, we will therefore not try to accept anything that seeks to protect them. The Constitution is unambiguous on this matter. Let us not allow western people to compromise our African traditions, values, norms and customs.”
He faulted the supreme court ruling where it allowed LGBTQ members to have associations calling on the Apex Court to review its decision.
“We all make mistakes and I want to believe that the Court made a mistake because we are all human beings and bound to error. The supreme court should rethink about this issue because we will not allow these people to have associations,” said Ali.
The Supreme Court in its ruling, stated: “Despite gayism being illegal (in Kenya), they have a right of association.” In short, LGBTQ is now a legal entity and can operate at will after registration.
Three judges in the five-judge bench ruled that community members have a right to associate even though the law considers same-sex marriages illegal.
Hence, the refusal to register them was discriminatory and contravened the law.
The decision by the apex court followed an appeal arising from the Court of Appeal by the lesbian, gay, bisexual, and transgender (LGBT) had successfully challenged an appeal by the board against a favorable High Court decision.
The Supreme Court held the board violated the right to non-discrimination by refusing to accept the names proposed.
“The court was of the view that the appellant’s decision was discriminatory and that it would be unconstitutional to limit the right to associate, through denial of registration of an association, purely on the basis of the sexual orientation of the applicants,” the court ruled.
The court however pointed out that all persons, whether heterosexual, lesbian, gay, intersex or otherwise, will be subject to sanctions if they contravene existing laws, including Sections 162, 163 and 165 of the Penal Code.
The Penal Code provisions prohibit same-sex relations.
Members of Parliament led by Seme MP James Nyikal and his Laikipia North counterpart Sarah Korere said each part of the body has its functions and Kenyans should fight to stop anything that wants to alter that.
“We all know that our body parts have their functions. Our private parts have their functions. Why then do we want to change what they are meant for? We will not allow that,” Nyikal said.
Deputy Majority Leader Owen Baya faulted the motion saying that it had the effect of limiting the freedom of expression.
“I would rather the Honorable member proposed changes to the Penal Code to stipulate stiffer penalties for those engaged in same-sex relations since this matter is already provided for,” he said.
Citing Article 33 of the Constitution, Baya noted while homosexuality is against family values enshrined in law, freedom of expression is only limited under expressly stipulated scenarios.
Article 33 (2) reads that: The right to freedom of expression does not extend to — (a) propaganda for war; (b) incitement to violence; (c) hate speech; or (d) advocacy of hatred.”
It goes on to elaborate advocacy of hatred as one constituting “ethnic incitement, vilification of others or incitement to cause harm.”
