Members of the Kenyan lesbian, gay, bisexual, and transgender (LGBT) community this weekend hoisted a rainbow flag at the peak of Mt. Kenya during an initiative dubbed #ClimbforJustice.
Despite homosexuality being illegal in Kenya, there have been increased cases of members of the LGBT community coming out to publicly express themselves. #ClimbforJustice is an initiative by human rights activists whose aim is to raise funds for the construction of a safe house for Human Rights Defenders (HRDs) in Kenya.
In May this year, High Court judges Roselyne Aburili, Chacha Mwita, and John Mativo declined to decriminalize gay sex in Kenya, ruling that that Section 162 (a) and (c) of Kenya’s Penal Code clearly states that homosexuality is illegal in Kenya. The petitioner; National Gay and Lesbian Human Rights Commission (NGLHRC) had requested the court to repeal these sections of the penal code to make gay sex legal.
The court further dismissed the petitioner’s claims that the Kenyan LGBTQ community would continue to be stigmatized if homosexuality remained a criminal offense.
“There is no basis upon which the court can say they [LGBTQ community] will be discriminated against. We, [therefore], dismiss the case that they will be discriminated against. Stigma is not exclusive to the LGBTQ community. Everyone has the right to access health.”
Last week, NGLHRC indicated it will appeal the ruling at the Appeals Court.