HOMOPHOBIA

Three gay persons attacked, lobbies say

Assaults followed High Court ruling that declined to lift ban on consensual sex between persons of same gender

In Summary

• Attacks happened in Mombasa and Nairobi; landlords allegedly gave notices to vacate.

• Court said there was evidence the community has been discriminated against.

Suba Churchill of the Civil Society Reference Group addresses rights defenders in Taveta on Saturday
MINORITY RIGHTS: Suba Churchill of the Civil Society Reference Group addresses rights defenders in Taveta on Saturday
Image: ERNEST CORNEL

Civil society organisations have said at least three LGBTQI members have been attacked in Nairobi and Mombasa after the High Court declined to lift the ban on same-sex relations.

Muslims for Human Rights, Civil Society Reference Group, National Coalition for Human Rights Defenders and Kenya Tuitakayo Movement said some members had received warnings to vacate their homes.

The court said there was not enough evidence of discrimination against the community as claimed.

Otieno Ombok of Kenya Tuitakayo Movement said the Constitution is supreme, noting everyone has the right to sexual orientation.

“It should not, however, interfere with the rights of others,” he said.

Muhuri rapid response officer Francis Auma said the attacks amounted to a criminal offense. He said the reported assaults led to grievous harm.

“They are being discriminated in hospitals. Religious leaders have condemned them. They have the right to access services like others,” he said.

Auma said assailants should be prosecuted.

CSRG chairman Patrick Ochieng’ said sexual orientation is a personal choice.

They spoke on Sunday at a boot camp in Taveta. It was the culmination of a week-long exchange and mentorship program to build the capacity of rights defenders from the Coast.

“Sexual orientation is a personal matter. Such a right is protected because we are in a constitutional democracy,” Ochieng' said.

“If today they beat them because of their sexual orientation, tomorrow they will strike because of ethnicity, colour or race. Once the attack begins based on orientation, attacks will never end. We need to be tolerant,” he said.

The laws criminalises private consensual sexual conduct between two adults of the same sex .

The LGBTQI community had filed a suit in 2016 to have  sections of the Penal Code repealed.

Thirty-eight out of 55 African countries have enacted laws that make it illegal to be gay. In Somalia and South Sudan, it is punishable by death. In Nigeria, it carries a 14-year prison term and 30 years in Tanzania.

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