The Supreme Court has dismissed an appeal by Homa Bay MP Peter Kaluma challenging its landmark decision on the LGBTQ community.
In a judgement delivered on Tuesday, the five-judge bench led by Deputy Chief Justice Philomena Mwilu said the court could not sit on appeal or review its decisions.
The bench was composed of Justices Njoki Ndungu, Mohamed Ibrahim, Smokin Wanjala and William Ouko.
They said the apex court could only sit on appeal or review its decision in the manner provided for by Section 21A of the Supreme Court Act.
The circumstances include, if the judgment, ruling or order is a nullity by virtue of being made by a court which was not competent and if the court was misled into giving judgment, ruling or order under the belief that the parties have consented.
Another circumstance is that if the judgment, ruling or order was rendered on the basis of repealed law or as a result of a deliberate concealment of a statutory provision.
“The applicant has not demonstrated how this matter conforms to the specific parameters enumerated under Section 21A of the Supreme Court Act,” the court said.
By THE STAR