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Supreme Court dismissed an application by Homa Bay MP Peter Kaluma over its earlier ruling on LGBTQ rights in Kenya A five-judge bench led by Deputy Chief Justice Philomena Mwilu said the apex court could not sit on appeal or review its decisions The judges further argued that Kaluma’s application was misplaced because he was not part of the proceeding at the lower courts
The Supreme Court has dismissed an attempt by Homa Bay MP Peter Kaluma to challenge its landmark ruling regarding the LGBTQ community in Kenya.
On Tuesday, September 12, the five-judge bench led by Deputy Chief Justice Philomena Mwilu said the apex court could not sit on appeal or review its decisions.
According to the five-judge bench, the apex court could only review its decision in the manner provided for by Section 21A of the Supreme Court Act. In their final findings, the judges said the Homa Bay lawmaker had not conformed to the requirements of Section 21A of the Supreme Court Act. “The applicant has not demonstrated how this matter conforms to the specific parameters enumerated under Section 21A of the Supreme Court Act,” the court ruled.
The apex court further dismissed Kaluma’s application because he was not competent to seek the review as he was not a party to the case proceeding. “Flowing from our findings above, the final orders to be made are as follows: (i) The Notice of Motion dated March 9, 2023, is dismissed,” the ruling read in part.
The Supreme Court has dismissed our application seeking review of the court’s past judgement importing homosexuality/LGBTQ into Kenya.
The court has disregarded the substance/merits of the application and proceeded on the technicality that I was not a party to ealier proceedings pic.twitter.com/jtvJyP8ANs— Hon. George Peter Kaluma (@gpdkaluma) September 12, 2023
