Homosexuality is taboo in most African countries and persecution of sexual minorities is rife.
Under sections of Kenya’s penal code, gay sex or “carnal knowledge against the order of nature” is punishable by up to 14 years in jail.
However, the LGBT community in Kenya have requested the state to provide security for their members and the petitioners who will be in court for the historical ruling on legalizing of same-sex relations in Kenya.
The Kenya National Commission on Human Rights (KNCHR) wrote a letter to the Nairobi Police Commander to provide security at Milimani Law Courts.
It said because of the emotive nature of the case and the expected high public interest in the outcome of the case, the police should enhance security within the court precincts for the petitioners and members.
The commission also asked the police to ensure that there is no breach of law and order following the ruling that will be delivered by the three-judge bench.
The group, better known as sexual orientation and gender identity and expression (SOGIE), is waiting with bated breath to know whether the court will permit gay sex.
Executive director of National Gay and Lesbian Rights Eric Gitari is seeking to have Sections 162 and 165 of the Penal Code decriminalise.
Read: Africans optimistic as Kenya set to rule on decriminalising gay sex
Sections 162 (a) and (c) stated that any person who has ‘carnal knowledge against the order of nature’ or permits a person to have ‘carnal knowledge against the order of nature’ against them has committed a crime.
Judges Roselyne Aburili, Chacha Mwita and John Mativo are expected the make a ruling.
Through lawyer Paul Muite, the petitioners argue that the mentioned parts of the law are discriminatory. The law criminalising gay sex as unnatural and grossly indecent is so degrading since its consensual sex among consenting adults, the petitioners said.
However, the state maintains that same-sex should not be legalised because allowing unnatural acts on basis that it is done in private will be tearing the social fabric of the Kenyan society.
Christian and Muslims organisations have also opposed the case by the homosexuals. They have asked the court to throw out the case.
Murang’a Senator Irungu Kang’ata has been enjoined in the matter.
He strongly opposes same-sex relations, saying culturally homosexuality is not allowed and it goes against the norm.