NAIROBI, Kenya, Mar 15 — House Deputy Majority Leader Owen Baya has cautioned against a move to prohibit media reporting and public debate on LGBTQI saying the move would amount to infringement of freedom of expression.
The Kilifi Town MP was responding to a motion by his Nyali Mohamed Ali who proposed a ban on speaking, publishing and dissemination of information on LGBTQI.
“I would rather the Honorable member proposed changes to the Penal Code to stipulate stiffer penalties for those engaged in sex-sex relations since this matter is already provided for,” he said.
Citing Article 33 of the Constitution, Baya noted while homosexuality is against family values enshrined in law, freedom of expression is only limited under expressly stipulated scenarios.
Article 33 (2) reads that: The right to freedom of expression does not extend to — (a) propaganda for war; (b) incitement to violence; (c) hate speech; or (d) advocacy of hatred.”
It goes on to elaborate advocacy of hatred as one constituting “ethnic incitement, vilification of others or incitement to cause harm.”
Ali proposed a total ban on discussion, publication and dissemination that has to do with Lesbians, Gays, Bisexuals, Transgender and Queer (LGBTQ) in a motion that stirred animated debate in the House.
In his motion, the second term MP called for the arrest of all LGBTQ members arguing that the practice is ungodly, illegal and should not be tolerated.
“These are not human rights. Those are demonic behavior and we cannot allow such behaviors in our country. We will not allow unions or any NGO associations for those kinds of people,” Ali said.
“The Quran is clear about gays and lesbians. The Bible is also clear about LGBTQ, we will therefore not try to accept anything that seeks to protect them. The Constitution is unambiguous on this matter. Let us not allow western people to compromise our African traditions, values, norms and customs.”
He faulted the Supreme Court ruling where it allowed LGBTQ members to have associations calling on the apex court to review its decision.
Members of Parliament led by Seme MP James Nyikal and his Laikipia North counterpart Sarah Korere argued each part of the body has its functions and thus Kenyans should fight to stop anything that wants to alter that.
“We all know that our body parts have their functions. Our private parts have their functions. Why then do we want to change what they are meant for? We will not allow that,” Nyikal said.
In Kenya, homosexuality is criminalized under the Penal Code with anti-LGBTQ crusaders anchoring their opposition on Article 45 (2) of the Constitution which provides:
“Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties”.
