ODM MP Introduces Bill to Challenge Supreme Court Rulings as LGBTQ Debate Heats Up

03, Mar 2023 / 2 min read/ By Livenow Africa

Vihiga County Senator Godfrey Osotsi on Thursday, March 2, wrote to Senate Speaker Amason Jeffa Kingi seeking to move a motion that will amend the Constitution, with respect to recent Supreme Court rulings. 

Osotsi's Bill seeks to review the interpretation and application of the Bill of Rights, especially with regard to family values in Kenya.   

"I would like to introduce a Bill to amend the Constitution to provide for the right of the people of Kenya to review a decision of the Supreme Court through a referendum," Osotsi wrote.

In the Bill, the Vihiga Senator argued that Kenyan citizens have the power to determine their future and decide on what is bad or right for them. 

Nominated MP Godfrey Osotsi during a press conference at Parliament buildings on on July 25, 2018
Nominated MP Godfrey Osotsi during a press conference at Parliament buildings on July 25, 2018
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Osotsi invoked Article 1 of the Constitution which grants power to the people to make any changes to the Supreme Law. 

He also warned that people would take the law into their own hands should they be prevented from deciding on the kinds of laws they want for themselves. 

"Article 1 of the Constitution expressly provides that "all sovereign power belongs to the people of Kenya" and that "the people may exercise their sovereign power either directly or through their democratically elected representatives,"," Osotsi explained. 

According to Osotsi, the people of Kenya are extremely dissatisfied with the decision of the Supreme Court and are willing to exercise their inherent power to review that decision, especially with regard to family values.  

"Under the current framework of the Constitution, any person who is dissatisfied by the decisions made by the Executive or Bills passed by Parliament can approach the Judiciary for review," the lawmaker noted. 

He lamented that the Constitution does not offer Kenyans an option when it comes to reviewing decisions made by the judiciary, especially at the Supreme Court.

President William Ruto and his deputy Rigathi Gachagua on Thursday, March 2, noted that the government did not support calls to legalise the Lesbian Gay Transgender and Queers (LGBTQ) community in Kenya. 

The ODM Party Senator also informed the Speaker of his intention to seek constitutional amendments in order to review Supreme Court decisions on the Presidential election petition. 

"I wish to state that in the proposed Bill, a person seeking to review the decision of the Supreme Court shall be required to demonstrate that level of dissatisfaction by collecting the signatures of at least two million Kenyans in support of the move in order to require the Independent Electoral and Boundaries Commission (IEBC) to conduct a referendum on the matter," Vihiga Senator claimed. 

Chief Justice Martha Koome delivering the judgement of the presidential election petition at the Supreme Court on Monday, September 5, 2022
Chief Justice Martha Koome delivering the judgement of the presidential election petition at the Supreme Court on Monday, September 5, 2022

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