Kenyan Muslim Community Condemns Supreme Court Ruling on LGBTQ

The Kenyan Muslim community has joined political and church leaders in condemning the recent Supreme Court ruling allowing the registration of rights groups for lesbian, gay, bisexual, transgender, and queer (LGBTQ) persons in Kenya.

Sheikh Abdallah Ateka, Chairperson of the Council of Imams and Preachers of Kenya (CIPK), termed the ruling offensive, claiming it is meant to allow funding into the country from Western nations that support gay rights.

“It is concerning, our values as a people, not just Africans, do not condone such things. We know it is the Supreme Court but we are asking it to reverse the judgement,” he told the media.

The Committee of Jamia Mosque Nairobi, representing the Muslim community, said the ruling was “shocking, unbecoming, and totally unacceptable.”

The committee said ruling would have detrimental effects on religious, cultural, and family traditions, which have formed the bedrock of societal relations for centuries.

“The vast majority of Kenyans adhere to Christianity, Islam, and traditional beliefs, and a common factor in all these beliefs is that homosexuality is immoral, repugnant, and a criminal act that cannot be tolerated in Kenyan societies,” the committee said in a statement.

“We are calling upon other faith groups and Kenyans of goodwill to come together in a unified voice to fight against these machinations, which if left to thrive, will threaten to tear apart long-standing societal values and the institution of marriage and the family as we know it.”

The National Gay and Lesbian Human Rights Commission (NGLHRC) applied for registration in 2012 but the NGO Co-ordination Board rejected the application on grounds that the proposed name violated sections 162, 163 and 165 of the Penal Code, which criminalize gay and lesbian liaisons.

NGLHRC moved to the High Court to challenge the board’s decision, arguing that it violated its right to freedom of association under Article 36 of the Constitution and its right against discrimination under Article 27.

The High Court ruled in favor of the petitioner and directed the board to register NGLHRC as an NGO within 30 days. The board then appealed to the Court of Appeal, which upheld the High Court’s decision, prompting it to move to the Supreme Court.

In its ruling, the Supreme Court held that the board’s decision was not only discriminatory but also violated the NGO’s right to freedom of association under Article 36 of the Constitution. 

The court noted 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.