Lesbians and gays have united in prayer for historic judgment on Friday to be in their favour.
The group congregated at the Cosmopolitan Affirming Church (CAC) to petition God that High Court judges Chacha Mwita, Roslyn Aburili and John Mativo will declare illegal laws barring them from forming associations and even practicing their will, that is marrying.
High Court in Nairobi is expected to rule whether sections of laws criminalizing same sex marriages, homosexuality and lesbianism can stand or not.
Kenya’s penal code spells out a 14 years punishment for anyone who had carnal knowledge against the order of nature.
Sections 162 (a) and (c) reads that any person who has ‘carnal knowledge against the order of nature’ or allows another person to carry out such act has committed a crime.
Section 165 of the same statute reads that if one is caught having indecent act with males, one has to spend 5 years in jail.
At the same time, the Constitution allows only people of the opposite sex- man and a woman to marry.
In the case, LGBTs argue that the penal code is discriminating as their attraction of people of same sex is more of a science of how they were born.
The timelines: February 22nd-23rd and March 1st, 2018- Hearing,
October 25th oral submission,
February 22 2019, judgement date.
In 2018 alone, there has been 15 cases were filed against LGBT.
According to National Gay and Lesbian Rights Commission Eric Gitari, gays and lesbians should be allowed to live freely as its consensual sex among consenting adults.
But the Government, churches and Muslim community are opposed to the prayers sought terming the same as tearing country’s moral fabric.
According to the Government, if the contested sections of the penal code are declared unconstitutional, then the courts will be indirectly invalidating Article 45 of the Constitution which stipulates marriage can only be between a man and a woman.
Murang’a Senator Irungu Kang’ata was allowed to join the case. He argued that I would be against traditions and Kenyan people culture to allow people of the same sex to marry.
If the case will be allowed, Kenya will join countries like India whose Supreme Court paved way for gays and lesbians to marry. At the same time, it will set a precedent for the African countries which are also struggling with the issue.
President Uhuru Kenyatta in an interview categorically stated that Kenya would not allow same sex marriage.
In March last year, Court of Appeal in Mombasa banned forced anal examination for persons being suspected to be gays.
