Thursday, March 2, 2023 – Former Prime Minister Raila Odinga has finally broken his silence following a ruling by the Supreme Court that allowed the lesbian, gay, bisexual, transgender and queer (LGBTQ) community to form a lobby group.
Last week’s ruling by the apex court has become a hot potato in Kenya’s murky politics and Raila Odinga, who is regarded as the godfather of Kenya’s politics, has given his take.
Speaking during a meeting with the council of Imams and preachers on Thursday, 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.
Raila also criticised the Supreme Court for contravening the laws by making a law- a mandate which falls on Parliament.
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.
The Kenyan DAILY POST.