BY VINCENT AGOYA
THE Kenya Christian Professional Forum has filed a notice of appeal against a decision of the Court of Appeal that allowed Gays and Lesbians to register an umbrella association to champion for their rights.
Veteran lawyer, Harrison Kinyanjui, says “they intend to challenge the entire decision being dissatisfied with the judgement delivered by five judge bench.”
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“Being dissatisfied with the entire judgment and order of majority court of appeal sitting at Nairobi in civil appeal No. 145 of 2015 delivered by Justices Philip Waki, Martha Koome, Mukandia, Musinga and Nambuye dated 22nd March 2019 we wish to appeal to the supreme court the whole of the said majority judgment and order,” the lawyer said.
By a majority decision the Appellate court directed the Attorney General to register the association after earlier attempts had been rejected.
The case came to the limelight in 2015 when the high court ruled the association be allowed to register. Click the link below for background.
Right to freedom
This position was taken by judges Philip Waki, Asike Makhandia and Martha Koome while affirming the decision of the High Court.
Justice Waki pointed out that the LGBT community has a right to freedom of association and that the criminal procedure code does not criminalise those that want to form such an association.
“The issue of LGBT is rarely discussed in public. But it cannot be doubted that it is an emotive issue, the reality is that this group does exit and we can no longer deny that,” said Justice Waki.
The judge added: “Let it go down that I will not be the first to throw a stone and harm them.”
Justice Daniel Musinga and Roselyn Nambuye dissented saying such a case had the capacity of destroying the cultural values of Kenyans, and should not be allowed.
The petition had been filed by Eric Gitari who had alleged discrimination among other grounds. He is the co-founder of the National Gay and Lesbian Human Rights Commission.