NAIROBI, Kenya Apr 28 – Appeal Court Judge Katwa Kigen now says the Constitution inherently allows for the recognition of same-sex family structures under its interpretation of rights and freedoms.
Speaking on matters of constitutional interpretation and family law, Justice Kigen said the legal framework does not explicitly exclude the possibility of same-sex families.
“The Constitution inherently acknowledges that you can have a same-sex family,” he said.
His remarks come amid ongoing discussions on equality, human rights, and evolving interpretations of family structures within constitutional law in Kenya.
Legal scholars note that the Constitution provides broad protections on equality and non-discrimination, though the recognition of same-sex relationships remains a subject of public debate and differing legal interpretations.
Justice Kigen’s statement is expected to fuel further conversation among legal experts, policymakers, and civil society groups on how constitutional principles should be applied in relation to emerging social questions.
The judiciary has not issued any formal ruling expanding or redefining the legal status of same-sex unions in Kenya, and existing law continues to reflect traditional definitions of marriage.
