ODM leader Raila Odinga has condemned the Supreme Court ruling allowing LGBTQ members to join and form association of their own.
Speaking during a meeting with preachers and Imams on Thursday, Raila said the Constitution of Kenya does not allow same-sex marriages.
He quoted Article 45 (2) which states:
“Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.”
“Opposite sex ya kwamba jinsia tofauti. Hiyo ndiyo katiba (Opposite sex meaning different genders. That is the Constitution),” he emphasised.
Criticising the Judiciary for its ruling, Raila said it was the duty of the Parliament to pass laws and not the Judicial arm of government.
He noted that in the 2010 Constitution, there were three arms of the government; the executive, the legislature and the judiciary.
He further said the legislation had a supreme mandate of making laws and ensuring that the executive followed the law.
The judiciary, Raila said, was mandated with enforcing the law.
“It is not the duty of the judiciary to make laws. If they see loopholes in the law, they must petition the legislature to amend the law, ” he added.
“The legislature has not passed the law on the gender issue. What the judges should have done was involve the Parliament in the matter.”
The Azimio leader proposed that to avoid confusion on the LGBTQ+ issue, Parliament should make a decision in accordance with Article 45(2).
“We will respect the decision of the legislature,” he said.
