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Judge defends ruling on gays and lesbians

Wednesday October 12 2016

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A High Court judge on Wednesday defended his ruling that homosexuals register their organisation.

Justice Isaac Lenaola, who is seeking to join the Supreme Court, told the Judicial Service Commission (JSC) that the Constitution espouses the rights of every Kenyan including gays and bisexual and transgender people.

He said his decision took into account the constitutional provision of freedom of association.

“The Constitution recognises that people have a right to form associations and associate with their kind and this is what guided my judgment on the matter,” he said.

The judge was also questioned about a ruling he made on the eviction of residents living in the Muthurwa area of Nairobi.

He told the panel that the judgment gave him the opportunity to provide guidance on how evictions should be carried out in the country.


“In that case, I had the rare opportunity to give direction is such matters; I ruled that it was wrongful to evict people at night, destroy their property, or even forcefully evict them,” he said.

Also interviewed Wednesday was lawyer Imaana Kibaya Laibula.

He told the JSC that freedom of expression should not hurt others.

"If it does this then it’s not freedom of expression," he said.