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National Assembly Speaker Moses Wetang’ula has said Kenya is deeply religious and institutions must uphold and protect public moral.
Through his official Twitter page, Wetang’ula said Homa Bay Town MP Peter Kaluma’s pronouncement on homosexuality may lead to unintended consequences.
“Each individual and/or public institution, including the judiciary, has a duty to uphold, defend and protect public morals. The SC pronouncement may lead to unintended and unhelpful consequences,” he said.
“Kenya is deeply religious.”
Kaluma had on February 24, written to Wetang’ula informing him of plans to introduce a bill that would jail for life homosexuals and persons caught in unnatural sexual acts.
“I intend to bring legislation to criminalise and punish homosexuality and other unnatural sex acts and to further criminalise the promotion of such acts in Kenya,” the statement read.
“It will not only consolidate existing laws relating to unnatural sexual acts but also increase the penalty for those convicted of engaging or promoting the acts to life imprisonment.”
The MP also wants any activities that promote homosexuality prohibited and criminalised in the country, to save society.
Kaluma said he intends to table a Bill before the National Assembly to increase the severity of the penalty for offenders.
“We must arrest homosexuality, bestiality and those other unnatural acts before the vices destroy our society,” Kaluma tweeted.
He said his proposed law is intended to further the provisions of Article 45(2) of the Constitution to protect the family.
He reiterated that the law will not only consolidate the existing legislation relating to unnatural sexual acts but also increase the penalty.
On May 24, 2019, the High Court upheld laws criminalising homosexual acts between consenting adults.
The court was addressing a petition filed in 2016 by three Kenyan organisations that work to protect the rights of lesbian, gay, bisexual, and transgender people.
The groups said criminalisation of same-sex conduct under articles 162 and 165 of the penal code violates the rights to equality, non-discrimination, human dignity, security, privacy, and health, all protected under Kenya’s constitution.
Kenya’s anti-homosexuality laws were first imposed by British colonists in 1897.
Article 162 punishes carnal knowledge against the order of nature with up to 14 years in prison, while article 165 makes “indecent practices between males” liable to up to five years in prison.