Court Case Seeking to Legalize Gay Sex in Kenya Takes New Twist

The ongoing court case seeking to have homosexuality legalized in Kenya has taken a new twist.

This comes after parties were allowed to make submissions based on a recent ruling by Supreme Court of India to overturn a similar ban on gay sex.

In its decision on September 6th, India’s supreme court scrapped a colonial-era law that slapped gay sex convicts with a jail term of up to 10 years. Activists worldwide, including in Africa, hope that the ruling will set a precedent for similar reforms elsewhere.

On October 25th, the constitutional division of Kenya’s High Court will listen to submissions from both parties on the relevance of the decision made by the highest court in India to Kenya.

Kenya and India have shared the law that criminalizes “sexual acts against the order of nature” since the colonial era.

In Kenya, those found guilty of engaging in homosexuality face a 14-year jail sentence, but campaigners for lesbian, bisexual, gay and transgender (LGBT) rights have become increasingly vocal in recent years.

Those opposed to decriminalizing gay sex in Kenya say the ruling by India's top court was flawed and will plead with the Kenyan court to disregard it.

“Kenyan courts are bound only by decisions of higher courts in Kenya, but decisions of foreign courts can be persuasive. They don’t have to be adopted,” said Charles Kanjama, a lawyer representing parties against decriminalization.

Supporters of decriminalization say LGBT people have been discriminate against over the existing law, making it hard for them to secure employment or promotion, rent houses or access health and education services.