“I’m of the opinion that we should pass a capital punishment on such offences.”
Supreme Court’s decision that the LGBTQ community have a right of association even as homosexuality remains illegal in the country has continued to attract backlash from the political elite.
MPs on Wednesday sought leave from normal proceedings to debate the LGBTQ matter following the court ruling on February 24.
During the debate, Dadaab MP Farah Maalim described homosexuality as a foreign practice from the West that’s not aligned with African cultures and as such, severe punishment should be meted on offenders.
He at best termed all acts of LGBTQ practices as worse than murder.
“I’m of the opinion that we should pass capital punishment on such offences. They (the US) have their own capital punishment on murders and other people…and we cannot interfere with their laws, here we are telling them this thing is worse than murder for us,” Maalim said.
The former deputy speaker said Kenya and Africa at large should never follow in the footsteps of the Western world where countries like the US have legalized marijuana and may soon legalise more lethal drugs.
He said it’s upon the country to take charge of its own destiny by denouncing practices that do not sit well with African cultures and upbringing.
“Very soon they are going to legalise the drugs that are going to destroy our children and generations in here. It is my opinion that we take charge of our countries, we are independent, we are sovereign states, we have our cultures,” the MP said.
Maalim said African cultures are not in conflict on fundamental issues such as homosexuality whether one is a Muslim or a Christian as none of them allows the practice.
“It’s my humble opinion that we should change that piece of Act itself and prescribe capital punishment for people who can be proven to have engaged in this kind of thing,” he said.
On February 24, the Supreme Court cleared the way for the registration of the LGBTQ community as a society by the NGO Coordination Board.
“It would be unconstitutional to limit the right to associate through denial of registration of an association purely on the basis of the sexual orientation of the applicants,” the court ruled.
The court, however, held that all persons, whether heterosexual, lesbian, gay, intersex or otherwise, will be subject to sanctions if they contravene existing laws including sections 162, 163 and 165 of the Penal Code.
The sections of the law criminalise carnal knowledge against the order of nature and prescribe a 14-year jail term for offenders.
In his notice of Motion to National Assembly Speaker Moses Wetang’ula, Kaluma said the culture of the LGBTQ community poses a threat to the moral fabric that Kenya has been identified with for long.
“I intend to bring legislation to criminalise and punish homosexuality and other unnatural sexual acts, and to further criminalise the promotion of such acts in Kenya.”
As a precursor to his intention to file the motion, the MP said in a tweet on January 12 that “it’s criminal for anyone to engage in unnatural/immoral sexual behaviour including bestiality (sleeping with animals), being gay or lesbian. There’s “no human right” to be gay, lesbian etc”.
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