Raila Declares Stance on LGBTQ, Faults Supreme Court Verdict

File photo of former Prime Minister Raila Odinga speaking at a public rally
File photo of former Prime Minister Raila Odinga speaking at a public rally.
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Raila Odinga

Azimio leader Raila Odinga on Thursday, March 2, faulted the Supreme Court over its ruling on registration of LGBTQ groups.

Speaking during a meeting with the council of Imams and preachers, Raila referenced Article 45 of the Constitution which directed that every Kenyan has a right to marry of the opposite gender provided there is consent between the two parties. 

He criticised the Supreme Court for contravening the laws by making a law- a mandate which falls on Parliament. 

Raila Odinga adressing residents of Kisumu Town on February 18, 2023.
Raila Odinga addresses residents of Kisumu Town on February 18, 2023.
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Raila Odinga

Raila noted that the apex Court ought to have directed the matter to Parliament which is mandated to enact or amend laws. 

"On matters regarding LGBTQ, in our constitution article 45, clause 2 states that every adult has the right to marry a person of the opposite sex. This of the free consent of the parties. This refers to people of different sex, that's the Constitution. 

"In the new Constitution that we brought in 2010 has three anchors: Parliament, Executive and Judiciary. Each arm has its mandate from Parliament making laws and the executive uses those laws to govern the country. The Judiciary ensures that the law is not broken. 

"It's not the responsibility of the Judiciary to formulate laws. If they see a loophole, they ought to recommend to Parliament for the law to be enacted or amended," he stated. 

Raila also advocated for all religions to be respected in accordance with the country's Constitution. 

"I am an Anglican and I know there are Catholics, Seventh-Day Adventists (SDA), AIC, Muslims, Hindus, Jews and also the traditionalists.

"That's why the Constitution indicates that Kenya is a secular state hence when you're the leader, you recognise all religions. So on this matter, we will stand our ground," he stated. 

Raila's statement came as Deputy President Rigathi Gachagua expressed shock at the Supreme Court ruling that supported the registration of the groups. 

"I was shocked by the Supreme Court's ruling till I was speechless. When a woman marries another woman, what will they tell each other?" DP Gachagua stated during the launch of the second Hustler Fund product on Thursday, March 2. 

Gachagua at Harambee house
Deputy President Rigathi Gachagua during a meeting with small-scale traders from Nairobi at his Harambee House Annex office on Wednesday, March 1.
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Rigathi Gachagua
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