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Kenyan Supreme Court dismisses challenge to ruling that allowed LGBTQ group to register

Opposition MP Peter Kaluma was not part of original case

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Kenyan flag (Photo by rarrarorro/Bigstock)

Kenyaā€™s highest court on Tuesday dismissed a challenge to its February ruling that allowed the National Gay and Lesbian Human Rights Commission toĀ registerĀ as a non-governmental organization.Ā 

The Supreme Court established the petitioner, opposition MP Peter Kaluma, is not an aggrieved party to its ruling since he was never involved in the case under rules that govern case hearings.Ā Ā 

Kenyaā€™s NGO Coordinating Board refused to register NGLHRC for more than a decade on grounds that it promotes same sex behavior, which the country’s penal code criminalizes. 

The February ruling sparked heated criticism from Kenyans, clerics and politicians against the Supreme Court judges and demanded it be reversed. The decision prompted Kaluma, who is a fierce critic of homosexuality, to challenge it in March and demand the term “sex” be redefined to exclude same sex practices.Ā Ā 

The MP has sponsored a stiffer anti-homosexuality bill that awaits introduction in the House of Representatives.

The Parliamentary Budget Office has already considered the bill’s financial costs to the government. The measure is currently pending before the Social Protection Committee, which will consider its implications for Kenyans.Ā Ā 

The Social Protection Committee was to consider the bill within a month as House rules requires, but the period is now three months. Kaluma has confirmed to the Washington Blade that he wrote to National Assembly Speaker Moses Wetangula two weeks ago to complain about the committee’s delay.

While challenging the Supreme Courtā€™s ruling, Kaluma in his petition argued it misinterpreted the term “sex” under Article 27 (4) of the Kenyan Constitution by ā€œreferring also to sexual orientation of any gender, whether heterosexual, lesbian, gay, intersex or otherwiseā€ not to be discriminated based on sexual identity.  

Kaluma claimed the court’s ruling ā€œusurped the sovereign power of the peopleā€ and it was ā€œobtained through fraud, deceit and misrepresentation of factsā€ by the NGLHRC defendants, which are some of the grounds the court can consider when it reviews its decision. The court, however, dismissed his petition because it failed to substantiate the claims and he was not a party to the case when it was heard and when the judges issued their ruling.

ā€œThe court cannot entertain an application for review of its judgment filed by an applicant who was not a party to the proceedings as this goes to the root of the matter and sanctity of the already determined suit which was contested by the parties,ā€ court noted. 

The ruling cited Article 163 of the constitution and subsequent procedural laws that allows the court to only consider a challenge of its ruling from an aggrieved party to the case.

Eric Gitari, who is NGLHRC’s former executive director, also filed a motion in opposition to Kaluma’s petition on grounds that ā€œit is frivolous and without meritā€ because he wasn’t a litigant in the case. Gitari had also warned the court against entertaining the petition for being ā€œprocedurally irregularā€ and that it would undermine the court’s authority and the finality of its proceedings.   

Anti-LGBTQ crackdown continues, MPs challenge PEPFAR funding

Although the courtā€™s latest verdict affirming its initial decision for NGLHRC to be registered as an organization is a reprieve for Kenya’s LGBTQ community, all eyes are now on Attorney General Justin Muturi. He has vowed toĀ challengeĀ the NGLHRC ruling on behalf of the government.Ā 

Muturi’s anticipated move to have the judges review the ruling is part of efforts to crackdown on consensual same-sex sexual relationships the constitution does not recognize and Section 162 of the penal code outlaws.

A group of 10 Kenyan MPs and religious leaders in June in a letter to the U.S. Congress said President’s Emergency Plan for AIDS Relief funding to Kenya no longer serves its original purpose of fighting HIV/AIDS because it supports homosexuality and abortion. The letter ā€” titled PEPFAR and African Values ā€” went to several members of the U.S. House of Representatives and the U.S. Senate.

ā€œWe wrote that letter to the U.S. Congress not to stop PEPFAR funding to Kenya, but to demand the initiative to revert to its original mission without conditioning it to also supporting LGBTQ as human rights,” reads the letter that Kaluma signed.

Kaluma called on Congress to pressure the Biden-Harris administration to reverse policies and executive orders that condition U.S. funding to developing countries with recognition of LGBTQ and intersex people against what the MP said is the will and cultural beliefs of beneficiary nations.

Kenya expects to receive more than $341 million in PEPFAR funding for the 2023-24 financial year. The current funding period ends on Sept. 30.Ā 

Republicans last month seized upon the letter addressed to Congress and demanded the suspension of PEPFAR funding to Kenya for the upcoming fiscal year. Some Republican lawmakers have also sought to stop the U.S. Agency for International Development from funding LGBTQ and intersex rights efforts around the world. 

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Senegalese NGO claims new president discussed LGBTQ rights with top EU official

Jamra Ong Islamique demands government expedite anti-LGBTQ law

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Senegalese President Bassirou Diomaye Faye (Screen capture via Reuters/YouTube)

A Senegalese NGO has called on the government to expedite the process of enacting an anti-LGBTQ law after the country’s new president met with a top EU official.

Jamra Ong Islamique made the call during a press conference last Wednesday after newly elected Senegalese President Bassirou Diomaye Faye met with European Council President Charles Michel.

Mamae Makhtar Gueye of Jamra Ong Islamique claimed the meeting between the two dignitaries involved an acknowledgment of LGBTQ rights in Senegal. Gueye said Michel is an LGBTQ ally who wants to change Senegal’s cultural customs that do not condone LGBTQ rights.

“His ardent proselytism for the expansion of LGBT ideology could not leave Jamra indifferent,” said Gueye. “Countries including Gabon, Central African Republic, and Mauritius, amongst others, that underestimated the nuisance of these propagandists of homosexuality paid dearly for it because these global lobbyists ended up legalizing this abomination, so beware.”Ā 

Gueye, however, has received a lot of backlash and has been accused of not raising the same sentiments during the tenure of former President Macky Sall, who also met with Michel.

“Did he come as a defender of the LGBT cause or as a European official? Did he come to talk about LGBT rights or partnership agreement between the European Union and Senegal?,” asked Ahmadou Diaw, a Senegalese academic. “Mr. Gueye should know when to alert and when to shut up.”

Cheikh MaĆÆ Niang, a social commentator, described Jamra as a “useless organization” that is focused on restricting the freedom of the Senegalese people.

“They are absolutely good for nothing apart from eating the taxpayer’s money,” said Niang. “Where is the democracy we cry about everyday? Seems like they are here to restrict the freedom of the Senegalese people.”

“Not everyone is interested in religion,” added Niang. “We wasted too much time with these useless things. Let’s talk about developing the country. People should live their lives in the manner they want.”

Jamra has previously made proclamations against the LGBTQ community.

The organization in February ā€” before Senegal’s presidential election that took place on March 24 ā€” accused the EU Electoral Observation Mission to Senegal of wanting to indoctrinate Senegalese people with their pro-LGBTQ narrative.

Senegal does not have a law that specifically criminalizes those who identify as LGBTQ or advocate for them. Article 319 of the country’s penal code criminalizes consensual same-sex sexual relations with a fine and between one and five years in prison.

Some Senegalese lawmakers have sought to increase the prison sentence to 10 years for anyone convicted of engaging in homosexuality. These efforts thus far have not been successful.

Samm Jikko Yi (Together for the Safeguarding of Values), an Islamic lobby group that includes many organizations, in 2022 organized an anti-LGBTQ demonstration in Dakar, the country’s capital. Protesters called for harsher penalties for Senegalese who identify as LGBTQ and/or advocate for LGBTQ rights.

The Washington Blade in 2022 noted LGBTQ people have suffered physical and sexual abuse while in prison.

Senegal’s deep religious roots, which are largely Islamic, have contributed to the lack of tolerance of LGBTQ people in the country. This reality has prompted LGBTQ Senegalese to either flee the country or remain in the closet.

Media reports indicate there are fewer bars, clubs and other places where LGBTQ people can freely socialize.

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Kenyan court bars homophobic protests

Mombasa High Court to reconsider case on July 24

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(Image by Bigstock)

The queer community in Kenya can breathe a sigh of relief after a Mombasa court on Monday ruled clerics, politicians, and anti-LGBTQ groups cannot hold homophobic protests or engage in incitement.

The Mombasa High Court’s ruling, however, is temporary until July 24 when the court in Kenya’s second-largest city determines a petition on the issue.

Two petitioners ā€” Mr. JM and the Center for Minority Rights and Strategic Litigation ā€” last October sued Police Inspector General Japhet Koome for allowing religious leaders and lobby groups to hold homophobic protests whenever a court rules in favor of the LGBTQ community.

The petitionersā€™ effort to demand a ban on anti-LGBTQ protests in Kenya was in response to a series of homophobic demonstrations, particularly in Mombasa, after the Supreme Court last September affirmed an earlier decision that allowed the National Gay and Lesbian Rights Commission to register as an NGO. 

Mombasa High Court Judge Olga Sewe in her Monday ruling also directed the petitioners and the respondents, who include Koome, two anti-LGBTQ activists and a national lobby group dubbed the ā€œAnti-LGBTQ Movementā€ that organized protests, to file their witness lists and counter statements within 14 days of the July hearing. 

ā€œPending the hearing and determination of this petition, this Honorable Court (does) hereby issue a conservatory order restraining the 2nd and 5th Respondents from calling on or inciting members of the public to carry out extra-judicial killing, lynching, punishing, stoning, forcible conversion, or any other means of harming LGBTQ+ identifying persons and their homes,ā€ Sewe stated. 

She also stopped the “Anti-LGBTQ movement,” Koome and any state agency from any attempted ā€œexpulsion from Kenya or any party of Kenya of LGBTQ+ identifying persons or closure of organizations serving LGBTQ+ identifying persons.ā€ 

The courtā€™s directives come after the Center for Minority Rights and Strategic Litigation led a protest on April 11 against the “anti-LGBTQ Movement”‘s invasion of Mvita Clinic in Mombasa that “hateful misinformation” reportedly sparked because the facility also serves queer people.  

ā€œMvita Clinic, like all healthcare providers, serves the entire community,” CMRSL stated. “Targeting them for LGBTQ+ inclusion is discriminatory and an attack on the basic right to health. Everyone deserves access to healthcare, and we urge an end to the spread of lies. Let’s promote inclusivity and ensure Mvita Clinic remains a safe space for all.ā€

CMRSL in response to Oseweā€™s ruling said it was a ā€œmajor win for safety and equality in Kenyaā€ because it allows the LGBTQ people to live with ā€œgreater peace of mind.ā€Ā 

The Initiative for Equality and Non-Discrimination, an LGBTQ rights group, meanwhile lauded the courtā€™s decision as a reprieve to homophobic attacks on the queer community. 

ā€œThere is some reprieve given the security incidents we witnessed during the protests on Sept. 15 last year,ā€ INEND Communications Officer Melody Njuki told the Washington Blade.

ā€œWe had rescued LGBTQ+ folks in Mombasa, Kilifi, and Lamu, due to security incidents caused by the hatred the anti-LGBTQ movement mongered and the calling of violence towards people associated with the queer group and those identifying as members,ā€ she added. 

PEMA Kenya, a Mombasa-based gender and sexual minority organization, also applauded the courtā€™s temporary injunction, describing them as timely in protecting the LGBTQ community against all forms of homophobic attacks. 

ā€œWe welcome the ruling and we believe it will impact our members who for some time felt robbed of the freedom to express themselves,ā€ PEMA Kenya director Ishmael Baraka told the Blade. 

The Nature Network, a rights organization for refugees living in Kenya, also welcomed the Monday ruling which it termed ā€œa positive step showing the courtsā€™ commitment to upholding human rights for all.ā€

“Anti-LGBTQ Movement” Chair Salim Karama, however, declined to respond to the Bladeā€™s questions about the ruling until determination of the petition’s status. He noted the organization is waiting for their lawyer to speak with them about the decision and the filing of counter statements that Sewe ordered.

As LGBTQ rights groups seek the queer communityā€™s protection in Kenyan courts, parliament, on the other hand in is set to consider a petition that notes what it describes as the proliferation of homosexuality in the country.

National Assembly Speaker Moses Wetangā€™ula on Feb. 27 referred the petition to the relevant parliamentary committee for inquiry after MP Ali Mohamed, a member of the ruling party and a vocal LGBTQ rights opponent, presented it in the National Assembly, the lower house of the Kenyan parliament, on behalf of a group of more than 70 Kenyans and religious organizations opposed to homosexuality.    

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For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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(Bigstock photo)

Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was ā€œMamba,ā€ they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

ā€œIā€™ll never forget that day,ā€ Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. ā€œI still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.ā€Ā 

Biodunā€™s experience isnā€™t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

ā€œSometimes, I often wonder how they learned about these platforms,ā€ Daniel, which is not his real name, told the Blade. ā€œYou would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.ā€Ā 

One time, someoneā€™s bio read, ā€œI’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)ā€ It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

ā€œBefore the removal of the screenshot option, I usually shared photos of others with my trusted friends,ā€ Biodun shared. ā€œBut since that was taken off, there was no way for me to do that.ā€ 

Although, according to Grindrā€™s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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