NEWS

High Court refuses to scrap ban on gay sex in Kenya

The long-awaited petition seeking to decriminalize gay sex in Kenya has lost the case.

Judges maintained that it is a crime to commit acts of gross indecency with people of the same sex.

This comes as a major blow for gay groups who were hoping for a ruling in their favor.

The petition that sought to repeal penal code 162 and 165 was quashed as judges cited insufficient evidence and deemed the petition as unconstitutional

“Decriminalizing the conduct in the sections would open a door to same-sex unions which would go against the spirit of Article 45 of the constitution on marriage,” the High Court ruled

Kenya Legal and Ethical Issues Network (KELIN) quoted the judges in a Twitter post.

KELIN an interested party in the petition said, “Court argued that one is simply not born this way and homosexuality is not innate.”

” The values and principles articulated in the preamble to the Constitution and Article 10 of the Constitution are central in this case… Values and principles inform the constitutional making process of a nation.” Court declared.

Religious groups were in protest of the petition

Kenya becomes the first African country under common law jurisdiction to petition the repeal of this section through a court of law. The first country was India which repealed a similar section in September 2018.

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