He made the remarks while speaking about family law and the interpretation of the Constitution.
He explained that the law is clear on marriage being between a man and a woman. He said courts must follow what the Constitution states.
He added that even though the Constitution does not allow same-sex marriage it still recognizes that people can form different types of family relationships. He said the idea of family is not limited only to traditional marriage structures in society.
Kigen said courts should be careful when dealing with matters of human rights and constitutional interpretation.
He urged respect for the law while also recognizing changing social views in the country.
He noted that debates on marriage and family law continue in many countries around the world but each nation must rely on its own Constitution to guide decisions.
He said Kenya follows its Constitution strictly in matters of marriage.
He further explained that courts do not make laws but interpret them based on what is written in the Constitution.
He called on citizens to respect court decisions even when they have different opinions about them.
The remarks come at a time when discussions about family rights and constitutional interpretation are ongoing in Kenya.
Legal experts say such debates often lead to public interest and different opinions among citizens and leaders across the country.
However they agree that the Constitution remains the highest law in the land guiding all legal decisions.
Justice Kigen concluded that legal clarity is important for stability in society and for the proper functioning of the justice system.
He encouraged continued dialogue within the framework of the law. He said this helps maintain peace and understanding among people across the country Kenya.
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