Ruto, Gachagua, Raila Fault Supreme Court Verdict on LGBTQ

Gachagua stated that he was surprised and lacked words to...

Ruto, Gachagua, Raila Fault Supreme Court Verdict on LGBTQ
Deputy President Rigathi Gachagua speaking during the launch of the Women Enterprise Fund on March 2, 2023. /RIGATHI GACHAGUA

President William Ruto and Deputy President Rigathi Gachagua became the most prominent members of the Kenya Kwanza government to break their silence on the Supreme Court ruling that allowed LGBTQ+ members to register an NGO in Kenya.

Speaking during the launch of the Women Enterprise Fund and the second product of the Hustler Fund at KICC, Nairobi on Thursday, March 2, Gachagua stated that he was surprised and lacked words to respond to the ruling, which was widely viewed as against the country's traditions.

"A few days ago, something happened at the Supreme Court. People are asking, you are Riggy G fond of telling the truth, why haven't you talked about this matter? I got surprised until I was lost for words.

"Whatever we heard from the courts, that there is a community for defending the rights of gays and lesbians marrying each other, what issues are these? Now I'm asking, even those who passed it and we have no problems with the apex court when two women marry, what will they tell each other?" he asked.

Gachagua further stated that the LGBTQ matter was immoral, and went against the country's beliefs, echoing President Ruto as a God-fearing man.

"We don't want that matter of LGBTQ, that is satanic. It is the opposite of what we believe in.

"President Ruto is God-fearing, he's a man of faith, and he will do what needs to be done. In any case, we have our traditions and customs and what they are suggesting is repugnant to morality and our way of life," he went on.

On his part, Ruto indicated that Kenya has values that should be respected and that women should not be allowed to be dragged into a competition by men who have feelings for their own gender.

"I cannot allow our women to get competition from men who chase after men. That will not happen under my watch," he stated in a firm stance.

Across the divide, Azimio la Umoja leader, Raila Odinga, also faulted the Supreme Court's ruling on LGBTQ+, accusing the apex court of contravening the laws by making a law- a mandate which falls on Parliament, and that the apex Court should have directed the matter to Parliament which is mandated to enact or amend laws. 

"On matters regarding LGBTQ, in our constitution article 45, clause 2 states that every adult has the right to marry a person of the opposite sex. This of the free consent of the parties. This refers to people of different sex, that's the Constitution. 

"In the new Constitution that we brought in 2010 has three anchors: Parliament, Executive and Judiciary. Each arm has its mandate from Parliament making laws and the executive uses those laws to govern the country. The Judiciary ensures that the law is not broken. 

"It's not the responsibility of the Judiciary to formulate laws. If they see a loophole, they ought to recommend to Parliament for the law to be enacted or amended," he stated during a meeting with the council of Imams and preachers.

The Supreme Court, in a ruling, determined that the NGO board discriminated against an organisation that was seeking registration for advocacy work in the LGBTQ community.

The ruling has since sparked debate, even in Parliament, amidst Nyali MP Mohamed Ali and his Homa Bay counterpart Peter Kaluma's plans to criminalise the community and its activities. 

An LGBTQ flag. /FILE

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