When Justice Mwita moved gay sex ruling to the morning of May 24 saying the decision was not ready, he saved the court a lot of criticisms, if not delayed them.
Moral crusaders on one hand will not welcome any ruling decriminalising gay relationship. On the other hand, human rights activists will condemn a court verdict criminalising homosexual relationships.
Justice Mwita said some of the judges in the gay sex case are working under a tight schedule prompting the postponement of the widely anticipated ruling on Friday.
The case, seeking to abolish laws that criminalize homosexual behaviour, was filed by the National Gay and Lesbian Human Rights Commission, and the Gay and Lesbian Coalition of Kenya.
The group wants section 162 and 165 of the Kenyan penal code scrapped off arguing it validates stigma, discrimination and violence towards LGBTQ+ persons.
Currently, people convicted of gay sex face up to 14 years in prison.
Same-sex relationships are illegal in more than 70 countries in the world, almost half of them in Africa, where homosexuality is broadly taboo and prosecution is rife.
South Africa was the first country in Africa to legalize same sex in 2006.