Kenya condemns Apex Court on LGBTQ Controversy

By John Muia 

       Gays and lesbianism proud after the Supreme Court upholds LGBTQ  sexual act in Kenya on 24th February 2023(photo source: LGBTQ X/ Twitter)

Sharp debate has erupted as religious and political leaders condemn the decision of Kenya’s apex court to  legalize LGBTQ associations. But what is it, sparking mixed reactions between the African values and the right of associate. LGBTQ is an abbreviation for lesbian, gay, bisexual, transgender and queer or the community hand. 

The Supreme Court, on 24th February 2023 under Martha Koome and seven other judges granted rights for LGBTQ, the genesis mixed reactions. In what can be considered a rare case, the ruling and opposition legislatures have refuted the judiciary’s take in the fate of LGTBQ in Kenya. Among them is Executive boss Artony General Justin Muturi. Consequently, Kiambu Women Representative Ann Wamuratha has vowed to introduce a parliamentary motion on sexual act.

Religious perspective

On the other hand, religious leaders have continued to demonize homosexuality and lesbianism terming it as evil and against religious believes. Moreover, according to Archbishop Arthur Kitonga, Bishop Calisto Odede among others, they insist that allowing such can bring curses to the country since it amounts to breaking the law of God. 

The basis of courts decision on LGBTQ

According to the Supreme Court, the decision to deny LGBTQ members the right to register as an NGO in the previous Article being illegal, was discriminatory. In better approval of LGBTQ ,the judges in Supreme Court said on their opinion ,'sex' under Article 27(4) refers sexual orientation of any gender, whether heterosexual, lesbians, gay or intersex .Therefore, the act would have excluded people based on their sexual orientation. This conflicts with the principle of human dignity, inclusiveness, equality ,human rights and non-discrimination.

What next?

 However why would majority condemn the act? Netizens argue that according to the African cultural norms same sex marriages or relationships are evil. What happens when two couples of same gender get married? Will they have children- generational continuity? Why is African continent being forced to embrace the white culture? These are the questions that if addressed we will reach an agreement just the way our neighbor Uganda has done. 

All eyes now are focused on the Kenya’s legislative house to save or sink Kenyans in what they term as immoral practices. It's the time Kenyans await to see if their leaders will bend their backs to accommodate LGBTQ or die standing for the African moral values. 

Updates as of July 3, 2026

As of 2026, the Supreme Court ruling only addressed NGO registration rights.It did not change section 162 of the Penal Code. Kenyans seeking legal clarity can check the ruling on Kenya law.org.

Following the Feb 24 2023 decisions, MPs including Kiambu Women Rep Ann Wamuratha said they would bring a motion to Parliament. As of 2026, no new law on the matter has been passed.

For official updates, Kenyans can follow statements from the Judiciary of Kenya and Parliament. For legal advice, contact the Law Society of Kenya, LSK.