by Tim Gibson
In a case that’s garnered international attention, Kenya is set to review its laws criminalising gay sex. The implications for the outcome of the case are widespread. As Kenya is one of the most powerful east African nations a positive verdict could cause a ripple effect throughout the continent, with many other African countries potentially following suit. The legality of gay sex is also set to be a major topic up for discussion at the Commonwealth Heads of Government Meeting later this year.
The law is currently being reviewed because of a case two years ago involving two men in Mombasa who were found having sex. The men had to undergo an “anal test” before being prosecuted – a process described by international human rights groups as torture.
The case is being run by high-profile Kenyan lawyer, Paul Muite, with Eric Gitari, the director of the National Gay and Lesbian Rights Commission, also heavily involved. Gitari said in a statement that sex is an “essential element of how individuals express love and closeness and how they establish and nurture relationships.” He referenced Kenyan law, which states that all people have a right to equality, freedom from discrimination, human dignity, freedom and security of the person and right to privacy.
Many in Kenya think the case could swing either way. Of the three judges presiding, one is in favour, one is opposed, and one has yet to decide. The next hearing is due February 22nd.
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