By Francis Kioko
Date 5 June 2024
The Supreme Court, in its yesterdaydecision, upheld its previous ruling and directed Kaluma to compensate Eric Gitari, the former Executive Director of the National Gay and Lesbian Human Rights Commission (NGLHRC). The court found that Kaluma’s review application, contesting the association’s registration, was filed late.
Deputy Chief Justice Philomena Mwilu, leading a panel of five judges, rejected Kaluma’s attempt to contest the deputy Registrar’s assessment of costs related to his unsuccessful appeal on September 12, 2023. This appeal had permitted the registration of the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) community association in Kenya.
The court ruled that Kaluma must pay Gitari Sh500,000 for the time wasted and expenses incurred during the review suit. Additionally, the lawmaker will be required to pay Sh200,000 to cover the cost of the initial appeal.
The judges criticized Kaluma for not adhering to the stipulated filing timelines, resulting in the dismissal of his appeal.
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