KENYA: Catholic Bishops Tighten Stance on LGBTQ Ruling, Call For Constitutional Reform to Strengthen Cultural & Religious Values.

Elizabeth Asasha.

The Kenya Conference of Catholic Bishops (KCCB) has tightened its stance against Kenya’s apex court’s controversial ruling on Lesbians, Gay, Bisexual, Transgender, and Queer (LGBTQ), calling for constitutional reforms to fortify cultural and religious values.

In a press statement on Thursday 20, April 2023 shortly upon adjournment of a week-long plenary at Roussel House, Donum Dei in Karen, Nairobi, the prelates said the ruling was anchored on an incorrect interpretation of the right to freedom of association ennobled in the Constitution.

“This ruling was based on an erroneous interpretation of the clauses on the freedom of association in Article 36 (1), but affects the sacred values of marriage and family as enshrined in our Constitution,” stated Most Rev. Maurice Muhatia Makumba of Kenya’s Kisumu Episcopal See.

The bishops further called for a revision of the supreme law of the Republic of Kenya to safeguard moral precepts.

“We, therefore, call for a constitutional amendment to strengthen our cultural and religious values on marriage and family which are to be protected by the supreme law of the land.”

On February 24, 2023, three Supreme Court judges in a five-judge bench declared that it was discriminatory and against the Constitution, which guarantees everyone the right to freedom of association, to prohibit individuals with homosexual orientation the right to register lobby groups arguing that “despite homosexuality being illegal in Kenya, they have a right of association.”

“Given that the right to freedom of association is a human right, vital to the functioning of any democratic society as well as an essential prerequisite enjoyment of other fundamental rights and freedoms, we hold that this right is inherent in everyone irrespective of whether the views they are seeking to promote are popular or not” read Kenya’s Supreme court verdict in which Justices William Ouko and Mohamed Ibrahim wrote dissenting opinions against the majority decision handed down by Justices Philomena Mwilu, Smokin Wanjala, and Njoki Ndung’u.

The contentious judgment sparked a public uproar from religious authorities and a divisive reaction from Kenyans and political figures nationwide, prompting the KCCB to release a statement objecting to the decision by the highest-ranking court in the country.

“We challenged the ruling of the supreme court of Kenya on 24th of February, 2023 allowing Lesbians, Gay, Bisexual, Transgender, and Queer (LGBTQ) people the right to form and register associations in Kenya to push for their interests,” said the bishops in their statement.

The Conference further voiced a plethora of issues that are ailing the nation and impeding efforts to resolve the current political and economic situation, advising the two warring political brigades against taking extreme positions that could drag the nation into endless wars waging on in neighboring countries.

“We applaud and appreciate the goodwill demonstrated by these two leaders. However, we are very much disturbed by the apparent standoff which could easily lead to hardened positions and delay the urgently needed process of dialogue,” stated KCCB Chairman Most Rev. Martin Kivuva Musonde.

“Learning from what is happening in the neighboring countries and especially the terrible destructive ongoing war in Sudan, we must raise an alarm about what happens when antagonists harden their hearts and allow pride and stubbornness to close any avenue of peace that comes about through constructive dialogue and the spirit of true patriotism.” He added.

The Kenya Conference of Catholic Bishops (KCCB) convenes routine and ad hoc plenary assemblies to discuss crucial national and religious issues and to communicate the position of the Church on such matters.