The Supreme Court of Kenya has done away with the application made by Homa Bay Town MP Peter Kaluma that sought to challenge the court ruling on the registration of an LGBTQ (Lesbian, Gay, Bisexual, Transgender and Queer) lobby group and the definition of sex as used in the case.
In his application before the Supreme Court, dated March 9, 2023, MP Kaluma asked the court to stay the orders allowing an NGO Coordination Board (listed as 1st respondent) to register members of the LGBTQ community. The MP also contested the February 24, 2023 judgement where the court laid down the use of the word ‘sex’ under Article 27(4) of the Constitution to refer to ‘sexual orientation of any gender’, whether heterosexual, lesbian, gay, intersex or otherwise and “including” under Article 27 (4) also comprises “freedom from discrimination based on a person’s sexual orientation,” stated the court documents. In its ruling on Tuesday, the Supreme Court, however, dismissed all the submissions by Kaluma underscoring that the MP failed to prove in his appeal how the court had wrongfully arrived at its decision.
“The applicant has not demonstrated how his matter conforms to the specific parameters enumerated under Section 21A of the Supreme Court or in the Outa case; neither has he demonstrated to our satisfaction that the impugned Judgment was obtained by fraud or deceit, is a nullity, or that the court was misled into giving its judgment under a mistaken belief that the parties had consented thereto,” read the court documents.
“In our view, the application is a disguised appeal from this Court’s judgment and does not fall within the confines of the parameters prescribed for review by statute and applicable case law. Therefore, the application stands dismissed.”
