The Kenyan constitution, provides explicit protection against discrimination on the basis of sexual orientation and gender identity.
However, according to constitution, anyone convicted of gay s3x could face up to 14 years in prison after the court postponed a ruling filed by the National Gay and Lesbian Human Rights Commission, and the Gay and Lesbian Coalition of Kenya seeking to abolish laws that criminalize homosexual behavior.
Justice Chacha Mwita said some of the judges in the case were busy and moved the anticipated ruling to the morning of May 24 as the decision was not ready.
He further said that the challenge also involved the huge volumes of file sent to the three-judge bench in soft copy.
Deep disappointment among Kenya’s LGBT community and allies after judge says there has simply been too much work to come to a decision on anti-gay laws, and pushes it to May 24 #Repeal162— Fran Blandy (@franblandy) February 22, 2019
However, by providing explicit protection against discrimination on the basis of sexual orientation and gender identity ,this does not extend to gay sex as Section 162 of the Kenyan Penal Code marks gay sex or “carnal knowledge against the order of nature” as a punishable felony.
Section 165 of the same also outlaws any gross indecency, and one faces jail up to five years.
As the highly debated campaign against discrimination to same sex relations intensifies among Lesbian, gay, bisexual, and transgender (LGBT) activists, their push has been countered by a section of religious leaders who want their case dismissed.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.