20°C / 22°C
  • Sun
  • 20°C
  • 5°C
  • Mon
  • 19°C
  • 4°C
  • Tue
  • 19°C
  • 5°C
  • Wed
  • 18°C
  • 4°C
  • Thu
  • 17°C
  • 4°C
  • Fri
  • 18°C
  • 3°C
  • Sun
  • 19°C
  • 8°C
  • Mon
  • 18°C
  • 6°C
  • Tue
  • 21°C
  • 8°C
  • Wed
  • 19°C
  • 10°C
  • Thu
  • 23°C
  • 10°C
  • Fri
  • 15°C
  • 9°C
  • Sun
  • 22°C
  • 4°C
  • Mon
  • 20°C
  • 6°C
  • Tue
  • 22°C
  • 7°C
  • Wed
  • 20°C
  • 7°C
  • Thu
  • 18°C
  • 4°C
  • Fri
  • 19°C
  • 5°C
  • Sun
  • 20°C
  • 2°C
  • Mon
  • 20°C
  • 1°C
  • Tue
  • 19°C
  • 4°C
  • Wed
  • 20°C
  • 3°C
  • Thu
  • 19°C
  • 2°C
  • Fri
  • 19°C
  • 1°C
  • Sun
  • 23°C
  • 14°C
  • Mon
  • 22°C
  • 13°C
  • Tue
  • 23°C
  • 14°C
  • Wed
  • 23°C
  • 14°C
  • Thu
  • 23°C
  • 13°C
  • Fri
  • 24°C
  • 14°C
  • Sun
  • 20°C
  • 9°C
  • Mon
  • 19°C
  • 11°C
  • Tue
  • 20°C
  • 10°C
  • Wed
  • 25°C
  • 14°C
  • Thu
  • 25°C
  • 17°C
  • Fri
  • 22°C
  • 10°C
  • Sun
  • 21°C
  • 7°C
  • Mon
  • 19°C
  • 8°C
  • Tue
  • 24°C
  • 9°C
  • Wed
  • 22°C
  • 12°C
  • Thu
  • 24°C
  • 11°C
  • Fri
  • 12°C
  • 5°C
  • Sun
  • 18°C
  • 9°C
  • Mon
  • 16°C
  • 11°C
  • Tue
  • 22°C
  • 12°C
  • Wed
  • 20°C
  • 15°C
  • Thu
  • 22°C
  • 15°C
  • Fri
  • 16°C
  • 8°C
  • Sun
  • 21°C
  • 4°C
  • Mon
  • 20°C
  • 5°C
  • Tue
  • 23°C
  • 6°C
  • Wed
  • 20°C
  • 7°C
  • Thu
  • 19°C
  • 5°C
  • Fri
  • 19°C
  • 5°C
  • Sun
  • 17°C
  • -1°C
  • Mon
  • 18°C
  • 1°C
  • Tue
  • 18°C
  • 3°C
  • Wed
  • 18°C
  • 3°C
  • Thu
  • 17°C
  • 2°C
  • Fri
  • 16°C
  • 3°C
  • Sun
  • 23°C
  • 4°C
  • Mon
  • 21°C
  • 5°C
  • Tue
  • 23°C
  • 4°C
  • Wed
  • 18°C
  • 6°C
  • Thu
  • 20°C
  • 5°C
  • Fri
  • 22°C
  • 5°C
  • Sun
  • 21°C
  • 7°C
  • Mon
  • 19°C
  • 10°C
  • Tue
  • 22°C
  • 9°C
  • Wed
  • 26°C
  • 14°C
  • Thu
  • 25°C
  • 14°C
  • Fri
  • 21°C
  • 7°C

Kenya high court refuses to decriminalise homosexuality

In a remark prompting gasps and mutters from the packed courtroom, presiding judge Roselyne Aburili said there was 'no conclusive scientific proof that LGBTQ people are born that way'.

The rainbow flag, a symbol of the lesbian, gay, bisexual, and transgender community. Picture: Pixabay.com

NAIROBI - Kenya's high court, in a much-awaited verdict, on Friday refused to scrap laws criminalising homosexuality, fearing this would lead to same-sex marriage which it said was unconstitutional.

"We find the impugned sections (of the penal code) are not unconstitutional. We hereby decline the relief sought and dismiss the consolidated petition," said presiding judge Roselyne Aburili.

In a remark prompting gasps and mutters from the packed courtroom, she said there was "no conclusive scientific proof that LGBTQ people are born that way".

Gay rights organisations asked the court to scrap two sections of the penal code that criminalise homosexuality.

One section states that anyone who has "carnal knowledge... against the order of nature" can be imprisoned for 14 years.

Another provides for a five-year jail term for "indecent practices between males".

Campaigners argued these laws infringed on their privacy and dignity, fomented discrimination against homosexuals or prevented them from gaining access to healthcare.

However, the court dismissed all of these arguments, saying the petitioners had failed to provide sufficient evidence.

Aburili said it did not matter that the petitioners were not seeking the right to same-sex marriage, as decriminalisation would lead to "same-sex persons living together as couples".

This would be in "direct conflict" with a section of the constitution on the topic of family, which mentions that marriage is with a person of the opposite sex.

Friday's verdict had been awaited by activists across Africa.

They had hoped for a landmark ruling in their favour, boosting change in a continent where most countries have anti-gay laws and homophobia is virulent in many communities.

Comments

EWN welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

- Racism (including offensive comments based on ethnicity and nationality)
- Sexism
- Homophobia
- Religious intolerance
- Cyber bullying
- Hate speech
- Derogatory language
- Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the EWN community a safe and welcoming space for all.

EWN reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

EWN is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

comments powered by Disqus