The LGBT community has suffered a major setback after the High Court declined to repeal sections 162 of the penal code which criminalises gay sex.
The community wanted the court to decriminalize consensual same sex but Judges Chacha Mwita, Roselyne Aburili and John Mativo in a unanimous decision declined.
“The Court holds that the impugned provisions of the Penal Code are not vague and disclose an offence. The petitioners have failed to prove that the provisions are discriminatory. There is no evidence to show that the petitioners were discriminated and their rights violated as they sought healthcare,” Mwita said.
But the ruling has elicited a lot of mixed reactions from Kenyans. To those that support same sex marriage this is a big blow, but to others the ruling is a sigh of relief to them.
HERE ARE SOME REACTIONS
Twende CHURCH #Repeal162 pic.twitter.com/inTFgL6oaN
— Mutahi Ngunyi (@MutahiNgunyi) May 24, 2019
#Repeal162 is Full of foreigners. There are no actual Gays and Lesbians in Kenya because its UNKENYAN. This is a foreign campaign in our country. The few gathering momentum here are a result of peer pressure.
I have been there before so i can STATE WITH CONFIDENCE.— Nduta 🔥 (@ShazieKe) May 24, 2019
What a disingenuous ruling. There are three rules that pertain to legislation: literal, golden, mischief rule. While sec 162 may be interpreted literally to show that it applies to everyone, the mischief that it aims curb was homosexuality and homosexual acts. Come on #Repeal162
— Queer African Reads (@african_queer) May 24, 2019
https://twitter.com/fka_memes/status/1131914454290128902
Ahead of tomorrow’s court’s ruling on decriminalizing homosexuality in Kenya, we’re sending lots of support, love, and best wishes to our sisters and brothers in Kenya #repeal162 #alutacontinua 🏳️🌈🏳️🌈💪🏾 pic.twitter.com/Wrz7yTJZtM
— Equality Hub Nigeria (@equality_hub) May 23, 2019