TODAY

Court to give landmark ruling on gay sex

LBGTQI activists sued the AG arguing the law is discriminatory, unconstitutional and denies their human dignity

In Summary

• Three organisations seek to decriminalise consensual gay sex in private, arguing the colonial-era Penal Code is discriminatory.

• The petition was filed in 2016 by LBGTQI activists including Eric Gitari and NYARWEK. 

A lesbian couple outside Milimani court after the postponement of the ruling on gay and lesbian relationships on Friday, February 22, 2019. /ANNETTE WAMBULWA
A lesbian couple outside Milimani court after the postponement of the ruling on gay and lesbian relationships on Friday, February 22, 2019. /ANNETTE WAMBULWA

The High Court is expected to issue a landmark ruling today on decriminalising gay sex in Kenya.

Gay rights campaigners and couples in striking 'twin' outfits are expected to jam the courtroom and stand outside the court in their hundreds.

On Monday, May 20 the Kenya National Commission on Human Rights asked the Nairobi Police Commander asking for extra security.

KNCHR head of complaints Kamanda Mucheke said the sensitive nature of the case required police to increase security. He cited the "emotive nature of this matter and the high public interest in the outcome."

The case was filed in 2016 by three organisations seeking to repeal Sections 162 and 165 of the colonial-era penal code, which criminalise sexual acts between persons of the same gender. 

LBGTQI activists, including Eric Gitari and NYARWEK, sued the Attorney General arguing that the law is discriminatory and an invasion of privacy.

Members of the community referred to as Sexual Orientation, Gender Identity, and Gender Expression (SOGIE) are anxiously awaiting the ruling, hoping today will be a day to celebrate individual liberty, free expression and human rights.

On February 22,  the ruling was postponed to the disappointment of the community who had gone to court in the hundreds. Some came from overseas.

The three-judge bench said the judgment was not ready and gave the May 24 date when they hoped to have completed writing it.

Justice Chacha Mwita who represented Justices Roselyne Aburili and John Mativo apologised for delaying the judgement. He said they were very busy and they were all in more than one bench, making it difficult to complete the judgement.

The law currently states that a person who has sexual intercourse with another of the same sex whether in public or in private is guilty of a felony and is liable to imprisonment for as long as 14 years.

The activists argue that making homosexuality a crime is discriminatory and violates constitutional provisions the right to equality, freedom from discrimination and human dignity.

However, they told the court that they are not seeking to legalise same-sex marriages but challenging the harsh punishment meted out to n gays and lesbians.

The AG and some religious organisations who are interested parties in the case opposed the petition. They said the gay and lesbian narrative was being pushed by foreign governments to legalise gay relationships in Kenya.

The Christians told the court that homosexual behaviour can be suppressed because it is not a physical and natural condition but just a feeling.

(Edited by O. Owino)


WATCH: The latest videos from the Star