The High Court in Nairobi has thrown out an appeal by gay rights activists who were seeking decriminalization of homosexuality in the country.

The judges Roselyne Aburili, Chacha Mwita and John Mativo said Section 162 (a) and (c) of Kenya’s Penal Code says clearly that homosexuality is illegal in Kenya.

“We, [therefore], decline to issue the orders as sought by the petitioners. The phrase [in Section 162 (a) and (c) of Kenya’s Penal Code] is clear,” said the judges.

The National Gay and Lesbian Human Rights Commission had moved to court arguing that under Kenya’s 2010 Constitution, every person is said to be equal before the law.

They added “There is no basis upon which the court can say they will be discriminated. We, dismiss the case that they will be discriminated,”


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