Blow to LGBT community as High Court declines to legitimize same sex marriage

The Hight Court has today declined to decriminalize same sex marriage after giving their ruling on the appeal that had been filed by the gay rights activists.

Presiding judges Roselyne Aburili, Chacha Mwita and John Mativo said Section 162 (a) and (c) of Kenya’s Penal Code says clearly that homosexuality is illegal in Kenya.

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What the law states

“Any person who — (a) has carnal knowledge of any person against the order of nature; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for fourteen years.”

The gay activists argued that the constitution stated that every person is equal under the law.

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The court also refused the petitioners’ argument that if homosexuality wouldn’t be decriminalised, then the LGBT community would continue being stigmatised.

“There is no basis upon which the court can say they will be discriminated. We, dismiss the case that they will be discriminated,” said the court, adding: “Stigma is not exclusive to the LGBTQ community. Everyone has the right to access health.”


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