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Diaspora

US-Based Kenyan Scholar Makau Mutua Reacts to High Court’s Ruling on Gay Sex

US-Based Kenyan Scholar Makau Mutua Reacts to High Court’s Ruling on Gay Sex

US-based Kenyan scholar Prof. Makau Mutua has slammed Kenya's High Court over its ruling on legalizing homosexuality in the country.

In their ruling on Friday, a three-judge bench comprising of Justices Roselyne Aburili, Chacha Mwita and John Mativo, dismissed a case seeking to have sections of Kenya's Penal Code that criminalize same-sex relations declared unconstitutional.

The judges noted that Section 162 (a) and (c) of the Penal Code clearly stated that homosexuality is illegal in Kenya.

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The section states: “Any person who — (a) has carnal knowledge of any person against the order of nature; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for fourteen years.”

Another part of the Penal Code recommends a five-year jail sentence for “indecent practices between males”.

The court further dismissed the petitioners’ claims that failure to decriminalize gay sex would lead to continued stigmatization of the LGBTQ community.

“There is no basis upon which the court can say they [LGBTQ community] will be discriminated. We, [therefore], dismiss the case that they will be discriminated,” said the court.

“Stigma is not exclusive to the LGBTQ community. Everyone has the right to access health.”

Taking to social media, Prof. Mutua said the High Court erred in law by declining to repeal sections of the Penal Code that prohibit homosexuality.

"I condemn the decision in the Kenyan gay rights case. The judges got it plainly wrong in law, fact, and the science."

"The Court of Appeal should reverse. Judges mustn’t be Neanderthals," tweeted Makau.

 

Comments (21)

Comments are reviewed before they appear. Please keep it respectful.

  1. MwororoMay 26, 2019

    @makau mutual, you are worse than Neanderthal- at least they knew male and female hence able to evolve. As for you, you error in moral judgment, common sense and decency. You also got it wrong on science. Two simmilar genders are unable to procreate and every homosexual is a product of a male and a female. Or what kind of science were you referring to? Did you mean the pseudo science that proclaims that a certain he goat mounts another he goat and therefore homos are not anti nature. You use a sick he goat or pig or what have you to justify your twisted dirty imoral and un-Godly act of evil called LGBTO or whatever other alphabet you like to use? Did I hear you wanted to be president of Kenya- just asking.

  2. GUEST1May 26, 2019

    I didn't know Makau Mutua was an OBAMAn and an oxyMORON; A very confused man to say the Least.

  3. Dr. Koni HaneneMay 27, 2019

    Is this the time people are realizing Makau is a closet gay man?. For a long time I have been telling people Makau is a quasi leader of Kenyan gay community. I am glad he has finally come out of closet. I don't blame him for fighting for his people's rights. Kenya is still a conservative nation and this is not the right time to advance gay causes. I have previously suggested to him(Makau) to run for San Francisco Mayoral seat where if elected he could become a historical figure like Obama by being the first Kenyan-American Gay Mayor in a major American City

  4. MwororoMay 26, 2019

    @makau mutual, you are worse than Neanderthal- at least they knew male and female hence able to evolve. As for you, you error in moral judgment, common sense and decency. You also got it wrong on science. Two simmilar genders are unable to procreate and every homosexual is a product of a male and a female. Or what kind of science were you referring to? Did you mean the pseudo science that proclaims that a certain he goat mounts another he goat and therefore homos are not anti nature. You use a sick he goat or pig or what have you to justify your twisted dirty imoral and un-Godly act of evil called LGBTO or whatever other alphabet you like to use? Did I hear you wanted to be president of Kenya- just asking.

  5. Guest #13May 26, 2019

    No need to post twice you self hating person.

  6. Imara DaimaMay 26, 2019

    Jamani! Tukubali ya kwamba tumeshapigwa msasa halafu tufanye kazi pamoja bila ubaguzi wa njisia, vitendo,na mila zinazotokana na kupigwa msasa.

  7. GUEST1May 26, 2019

    Rather NEANDERTHALS who Multiply human Population for GOD than Homosexuals who ExTerminate the Population for Satan (whose Aim is to Steal, Kill, and Destroy).

  8. GUEST1May 26, 2019

    Mutua says that "Stigma is not exclusive to the LGBTQ community. Everyone has the right to access health.”

    QUESTION:
    Who tells LGBTs to Engage in Anus sex (HIV sex) Toy/Stick sex? Satan!!!

  9. Settled NomadMay 26, 2019

    Prof Makau Mutua lives in a World of his own making. We live in the real World. The Law was made to serve Man, but Man was not made to serve the Law. 96 percent of Kenyans reject homosexuality, and 4 percent are not going to prevail, even with Western backing. There are people who believe in stealing for a living, but it has never been accepted anywhere as a legitimate way of living. We will be happy to give Makau, and Western Countries our homosexuals, but they are not going to force us to accept them amongst us. Even if the High Court had ruled in their favor, we would still have rejected them.

  10. GUEST1May 26, 2019

    Mutua also says "I condemn the decision in the Kenyan gay rights case. The judges got it plainly wrong in law, fact, and the science."

    Nb: This IDIOT Needs to know that SCIENCE Straight up PROMULGATES that "Man and Man cannot Conceive and Bear offspring (except bear HIV that leads to AIDS). Anyway Makau Mutua has just Proved himself to be Gay and a Dirty dog (Akata).

  11. Guest #13May 27, 2019

    Sex is not just for procreation. You self hating person

  12. GUEST1May 26, 2019

    “Any person who — (a) has carnal knowledge of any person against the order of nature; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for fourteen years.” PERIOD!!!!!!!

    Hey!: Even imprisonment for Life (hizo MIKUNDU zao ziishie huko KAMITI maximum) badala ya Kuambukiza UKIMWI na Kuangamiza bin Adam and Eve.

  13. MaxileyMay 26, 2019

    @guest 1,are you really a Christian...

  14. Ken motleyMay 26, 2019

    @mwororo, I hope you know and understand Mutua’s intellect and thinking, but from your answer maybe not. Here’s what Makau knows very well, local politicians would rather wage tribal/culture and many other forms of wars to keep themselves and their pockets lined up. Ok, that being said, you don’t have to agree with nor disagree to understand that surely Kenya has more pressing issues to tackle, this is simply a distraction from real issues/matters. They have looted since independence, railway, youth for Kanu, NYS you name it they have stole a and continue to pass bills to line their own pockets. So, that being said, tell me how much of this $$$$ has been looted by “gay Kenyans”. You go to mashambani and see kids without shoes learning under trees and grandmas who have worked all their lives with nothing to show. I might not agree with the lifestyle and believe that’s between people and their God, not I. My dream is to see Kenyans chasing real issues and prosecuting these wakora in parliament. Not distractions. Kudos Makau!

  15. So what?May 26, 2019

    Thanks prof Makau for speaking up! The government of kenya has failed to protect Kenyan citizens which is their no one job!! Y’all can run ur mouth as much as u want but this folks ain’t going nowhere! If no one dictates who u can love who the fuck are u to dictate to others? Why shovel your so called believes on others throat? Again why do u care who I take to my bed if u don’t pay my bills? Y’all can go to hell with your small minds!! Live and let live. I have never been so embarrassed to be a Kenyan. I don’t need your approval to live my life so y’all can kiss my black ass and move on.

  16. mtejaMay 26, 2019

    Mutua, we know you have been receiving money from the West to sell your continent. Bure kabisa!

  17. Imara DaimaMay 26, 2019

    Wananchi, hakuna mtu yeyote duniani anazaliwa akiwa na tabia za ajabu zifuatazo:

    1. Mvuta bangi au sigara, mlevi, mtumiaji wa madawa ya kulevya
    2. Mwizi, mfisadi, mbakaji
    3. Tapeli, jambazi, mwongo
    4. mkristo, Mhindu, au muislamu
    5. shoga, basha, au msenge
    6. mbaguzi wa rangi tofauti za binadamu

    Mambo haya yote tunafundishwa na mazingira (environment) ambayo tumelelewa ndani yake.
    Namba 1, 2, 3, 4, 5 ni hatari kwa maendeleo na usalama wa binadamu.

    Jamani, tuachane na namba 5. Hawa ndugu na dada zetu hawamdhuru mtu yeyote, mradi wawe wa umri mmoja. Wakionekana karibu na watoto wadogo, ni lazima wafanywe kama vile vikundi vingine vilivyotajwa hapo mapema.

  18. Imara DaimaMay 27, 2019

    Samahani: Ilifaa niandike:

    Namba 1, 2, 3, 4, 6 ni hatari kwa maendeleo na usalama wa binadamu.

    Tuache kabisa kuwasumbua wafuasi wa namba 5 mradi wasiwafundishe vijana tabia zao za ngono.

  19. AnosMay 27, 2019

    Where do blow jobs fall in the order of nature? Should they be considered illegal? Will Modern Green and Afro Unity stay open if so?

  20. dick mosesMay 27, 2019

    Bwana Mutua is Gay and he is fighting for his kind, so wachana na yeye kama ni kundugwa huko nyuma wacha liwe liwalo. Ni hayo tu.

  21. chinkororoMay 31, 2019

    l hope makau should divorce her wife and marry a man and tell us the difference btn the two juju,and go on teaching his kids all the way to harvad to become like him.

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