To be GAY, a LESBIAN or a homosexual in Kenya is a criminal offence and you can be jailed for 14 years without a fine – High Court declares

Friday May 24, 2019 - Gays and lesbians in Kenya have suffered a major blow today after the High Court refused to repeal Section 162 of the penal code which criminalises gay sex.

The current law 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.

Last year, the Lesbian Gay, Bisexual and Transgender LGBT Association of Kenya  went to court seeking decriminalization of gay sex in Kenya.

But in their ruling High Court Judges, Chacha Mwita, Roselyne Aburili and John Mativo declined to decriminalize gay sex.

“The Court holds that the impugned provisions of the Penal Code are not vague and disclose an offence.”

“The petitioners have failed to prove that the provisions are discriminatory.”

“There is no evidence to show that the petitioners were discriminated and their rights violated as they sought healthcare," Mwita said.

This is a big blow to the LGBT community because they were hoping that Kenya will legalise same sex marriage like some Western countries.


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