High Court Declines Plea to Legalize Gay Sex in Kenya

Kenya’s High Court has rejected plea to legalize gay sex in the country.

Judges Roselyn Aburili, Chacha Mwita, and John Mativo rejected this plea on Friday. They noted that phrases used in the law are clear and disclose offenses known in law. The judges stressed that a statute is not rendered vague for lack of a definition. Furthermore, they said the petitioners failed to prove discrimination and violation of rights.

Petitioners wanted the court to quash sections 162 and 165 of the Penal Code but the law states that:

“A person contravening the sections, whether in public or private, is guilty of a felony and is liable to imprisonment for five years”.

Section 162 reads thus:

“Any person who – (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; 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.

While Section 165 says that any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.

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However, the petitioners argue that the State has no business regulating matters of intimacy. Also, they told the judges that gay feelings are natural. Hence, they noted that the State should not interfere with the private matters of two consenting adults.