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Esther Passaris Lights Up Debate After Court Rules Homosexuality Illegal

LGBTiQ flag

The Kenyan law does not allow homosexuality.

The Kenyan homosexuals case was challenging the sections 162 (a), (c) and 165 of the Penal Code of Kenya which outlaw ‘carnal knowledge against the order of nature and indecent acts.

Section 162 on Unnatural offences states that:

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: Provided that, in the case of an offence under paragraph (a), the offender shall be liable to imprisonment for twenty-one years if—(i) the offence was committed without the consent of the person who was carnally known; or (ii) the offence was committed with that person’s consent but the consent was obtained by force or by means of threats or intimidation of some kind, or by fear of bodily ha., or by means of false representations as to the nature of the act. [Act No. 5 of 2003, s. 32.]

Confusing Initials


If you read carefully, the law also outlaws anal sex (sodomy) between a man and a lady.

The Lesbian, Gay, Bisexual, Transexual, Intersex, Queer (LGBTiQ) movement has been campaigning for the repeal of the above section of the law.

Early this year, this group, led by The Gay & Lesbian Coalition of Kenya (GALCK) managed to register a National Gay and Lesbians Human Rights Commission (NGLHRC).

That was seen as win by them after the Court of Appeal overturned a decision by the NGO Coordination Board to refuse to register it.

Today the High Court said no to repealing of section 162 of the constitution.

The three judge bench ruled that the petitioners didn’t prove discrimination and violation or rights.

A section of the LGBTiQ community in Kenya

In Africa, homosexuality is outlawed in 34 countries, only South Africa and Cape Verde allows homosexuality, the rest have not criminalized homosexuality but it is frowned upon.

Here is what Kenyans had to say about that:


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