The Kenya High Court has reportedly upheld sections of the penal code that criminalize same-sex relations. The ruling has come as a disappointment for gay rights activists across Africa.
Announcing its decision, the three-justice panel told a courtroom packed with journalists, lawyers, and members of the LGBT community that they had not seen sufficient evidence of discrimination caused by the laws, which they said were constitutional because they represented the values and views of the country, reported Reuters.
Presiding judge Roselyne Aburili said that the approval of same-sex relations goes against constitutional values and customs of the people of Kenya.
“We hereby decline the relief sought and dismiss the combined petition,” said Justice Roselyn Aburili on behalf of the three-justice panel. “We find that the impugned sections are not unconstitutional, accordingly the combined petitions have no merit.”
Same-sex relationships are considered a crime in more than 70 countries around the world, almost half of them in Africa. South Africa is the only African nation that has legalized gay marriage.
Imposed by British colonists, the anti-gay laws remained a part of Kenyan law after independence in 1963. Kenya’s LGBTQ community had filed a petition in the court seeking the abolishment of sections 162 and 165 of the Kenyan penal code, which punishes homosexual behavior and orders a jail sentence of up to 14 years for those found guilty. The campaigners argued that the law violated Kenya’s 2010 constitution, which guarantees equality, dignity, and privacy for all citizens.
Paul Muite, the lawyer for the National Gay and Lesbian Human Rights Commission (NGLHRC), said the organization is definitely going to appeal the ruling.
“I am under instructions to apply for copies of the judgment to enable us [to] prepare for an appeal because we’re not in agreement with the decision of the court,” he said.
