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The High Court in Nairobi is on Friday expected to deliver a landmark ruling on decriminalizing homosexuality in Kenya.
The ruling on a case challenging laws that criminalize same-sex relationships in Kenya will be issued by a three-judge bench at the Milimani Law Courts.
The petitioners have asked the judges to declare the laws unconstitutional and a violation of human rights.
A ruling in their favor will be a major win for the Kenyan gay, lesbian, bisexual and transgender (LGBT) community.
The case was filed in 2016 by three Kenyan gay rights organizations seeking to have the High Court declare sections 162 (a) and (c) and section 165 of the Penal Code unconstitutional.
The groups argue that the laws violate the right to privacy, the right to freedom of expression, the right to human dignity and the right to freedom from discrimination.
If the judges agree with the petitioners, Kenya would be the first East African country to decriminalize homosexuality.
The ruling was set to be delivered in February but the presiding judges pushed it to May citing a heavy workload.
The ruling will be delivered by Justices Roselyne Aburili, John Mativo, and Chacha Mwita.
Parts of Kenya’s penal code states that anyone who has “carnal knowledge… against the order of nature” can be imprisoned for up to 14 years.
Another section recommends a five-year jail sentence for “indecent practices between males”.
In an interview last year, President Kenyatta termed gay rights as a non-issue in Kenya, adding that majority of Kenyans do not support homosexuality.
“I want to be very clear, I will not engage in any subject that is not of any major importance to the people and the Republic of Kenya. This is not an issue of human rights, this is an issue of society, of our own base as a culture as a people regardless of which society you come from. This is not acceptable, this is not agreeable,” Kenyatta said at the time.
“Those are the laws that we have and those are the laws that are 100 percent supported by 99 percent of Kenyans regardless of where they come from," he added.
Comments
Homosexuality is Criminal and SIN. That's why GOD Wiped them out in Sodom and Gomorrah.
Hehehehe n the majority of kenyans who voted no to ushoga ushetani will continue flashing them out of our communities by eliminating them coz they will never ever allow this western stinking ushetani urogi in our communities.So am not worried akipitisha.Kenya sio usa juu hapa mob justice does it's job wisely
Deportee Halisi, we await your announcement. You will still remain our brother. When is the coming out party. I say you do it Madaraka day. The meat selection should include mbuzi na kuku preferably grilled. My congrats await.
Whether homosexuality is western borrowed or devil created what harm does it do to society?
See how much harm heterosexuals do...kill,rape,steal ,corruption.
And those talking about God's law,which God,mzungus God?
Why dont we focus on things that real harm society such as;
Unemployment
Crime
Cheating
Raping
Child abuse
Terrorism
Men killing women
Poor education
Fake news
Fake gold
Fake preachers
Crooked politicians
We fix all aforementioned problems we will be very fine.Some homosexual will even come with progressive solutions to these social issues,and I welcomed that.And then leave them alone in their bedrooms as they leave me alone in mine.
@ maxiley, the question is not what harm does Homosexuality bring to society? The big question is:
What benefit to society does the sexual act of a man with a man or a woman with a woman have for society? and if it is a bedroom issue, why bring it in the open to an extent of making it a court issue.
Homosexuality is danger to our society since it cannot produce children. This is a recipe for the death of our society.
Homosexuality is a form of oppression, just like so many tyrants and colonizers, in history and currently, they want to force their minority opinion on the majority just to satisfy their own appetites. Those who advocate for Homosexuality, want to create a path for the "slippery slope"- the issue is, once the morals are loosed, marriage definitions and fidelity are loosed too.
So what will be the next move after the weaked court and the three corrupted and immoral judges make the ruling? What will follow is open promotion of Homosexuality in schools,TV's and we will have lobbyists organizations so as to alter the moral fabric of our society. (Just like they forced Christianity on Africans using a bible on one hand and a gun on the other) to separate the black man with his God so they can bring to us a white god (white Jesus). They did not say what was wrong with our God,just that we needed to follow their god ( with the intention of creating permanent slavery)Now, they don't say what is wrong with our society, or benefits of Homosexuality, they just want everyone to follow blindly.
Homosexuality is based on orientation, so once accepted and passed in law as "human right" what will follow? Pedophilia will want the same human right; Beastiality will follow; incest;necrophilia (having sex with a corpse);voyeurism (spying on people engaged in intimate behavior) ;Fetishes ( desire for a non-living object) ; Frotterism ;Masochism;Sadism and all other isms that the west will come up with to destroy our society.
In the west, there is already a movement where "pedophiles want same rights as homosexuals" also read Rick Santorum (former U S presidential candidate)- " Rick Santorum was right about Incest and the slippery slope"
The danger is copying the west without questioning the purpose and end result.
Homosexuality goes against the Bible-( which is black man's history and constitution ).
We need to cut our own moral and righteous path!!
@ Anonymous, studies bear out that in all known human societies,there has always existed 10% of homosexuals.Now you telling me that these small percentage will threaten world population?
Anyway, the courts have to decided if its acrime to be homosexual.India decriminalized homosexuality resently.This could help the 3 judges,knowing how conservative Indians are.
I trust that you will also agree with me that the problems I mentioned far outweight the"damage" of homosexuals.
@ anonymousui
First off, let me say that homosexuality has existed in Kenya for a long time. The "changes" @ Lenana School were of a different nature than you might have been led to believe. Secondly, please don't use idiots like Santorum, who is an absolute apologist for Trump and can't criticise anything Trump does or says no matter how egregious, for support. The slippery slope argument was used in the past to bolster anti-miscegenation laws(see Loving v. The State of Virginia). By the way this same argument is used against polygamy which if I recall is still legal in Kenya. Further unless you live in a bizarre place, I know of no siblings agitating to marry each other much less, get together with animals. These tend to be right wing republican talking points in these parts. Lastly Kenyan jurisprudence borrows heavily from from Western Law and custom. We would need to ditch a lot of what we have borrowed from western law including from the religions that originated in the middle east to start afresh. Given how we wrap ourselves in false piety in Kenya while engaging in all sorts of nefarious activity, this will never happen.
According to Kenya's constitution "Homosexuality is illegal". That is the law currently being adhered to by all Kenyan's.
Now three judges (three judges who are possibly bribed and corrupted) will change the constitution for 50 million Kenyan's .
The three judges will go against the cultures and beliefs of 50 million Kenyan's.
My opinion, Homosexuality will be the final split between the West and Africa. They may get it their way because the three judges can be bribed, but enforcing such a ruling will be impossible.
It is time for the black man to enforce God's law (The Commandments)
Homosexuality versus Culture and God's law !!