Kenya could be set to decriminalise homosexuality

Human rights groups have banned together to repeal the criminalisation of homosexuality in Kenya. Under Section 162 of the Kenyan Penal Code homosexuality is punishable by up to 14 years in prison.

More than 600 people have been prosecuted under this law while discrimination, harassment and violence against gay people have gone unchecked. Matters were made worse in 2016 when a Kenyan judge ruled that anal examinations could be used by authorities to determine whether a man was gay – a practice the UN has decried as tantamount to torture.

Kenya’s High Court is now preparing to rule on a case that could potentially overturn this ban. The case has been spearheaded by the National Gay and Lesbian Human Rights Commission (NGLHRC), along with other groups. The director of the NGLHRC has said this ruling could provide much needed legal clarity for Kenyan LGBT people: “if the law is repealed, people will be able to fight from a point of legal confidence.”

Jennifer Gitiri, a lawyer for the government, has said Kenya fears decriminalising homosexuality would lead to same-sex marriage: “There is a legitimate expectation some of those unions might end up in marriage. In the event that would happen, it would be a violation of the constitution.”

The High Court will announce its ruling on April 26.

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