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The state through the Attorney General's office has opposed attempts to legalize homosexuality in Kenya.
The AG wants High Court to strike out a case where a petitioner is seeking to decriminalise a section of the Penal Code that declares it illegal to have consensual same sex.
Through lawyer Jeniffer Gitiri, the state legal office argues that declaring sections 162 and 165 of the penal code as unconstitutional would amount to allowing unnatural offences between persons of the same gender who may want to enter into a marriage, which violates Article 45 of the constitution.
“If a marriage is between a man and a woman, why then should unnatural offenses between people of the same gender be allowed? This is because there is a legitimate expectation that such unions would eventually end up in marriages that would ultimately be unconstitutional,” Gitiri told the court.
Meanwhile, Murang'a senator Irungu Kangata has been enjoined as an interested party in the petition. Through lawyer Harrison Kinyanjui Kang’ata says he will bring the cultural dimension using the Kikuyu tribe, which depicts homosexuality as a taboo.
In his petition, Eric Gitari, the director of the National Gay and Lesbian Rights Commission, wants consensual same sex allowed by decriminalizing Sections 162 and 165 of the Penal Code.
He argues that the two sections are discriminatory and violate several provisions of the Constitution, including right to equality, freedom from discrimination, human dignity, freedom and security of the person and right to privacy.
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Bravo bravo hatutaki mashetani ushetani unyama,ushoga,sodomy,pedophillias bullshit bullcrap nonsense stinking sewage behaviours in our country.Hizi tabia niza ulaya where immorality n all kind of stinking ushetani behaviours is legalised entertained worshipped.Our lawyers should b passing a law that this mashetanis will b thrown in lake Victoria or Victoria falls instead of bin arrested for 10yrs.
Why can't these #shithole lovers immigrate to the western world like the USA where straight people are beginning to feel like they are in the minority. Kenya hatutaki hii unjinga.
I have done my best to process homosexuality but try as I can, I just cannot get past the disgusting idea that 2 men can pull down their pants and have sex! How? It’s so much against the order of nature that it becomes extremely disgusting - sewer lines must remain sewer lines and should never be allowed to carry clean drinking water, period!
Mlachake,Yes as disgusting as it is,looks like some people like it that way.Just like eating asnake would be disgusting to me but adelicacy to achinese. Anyway, you seem to be more disgusted with man to man sex than woman to woman...wonder why
You wonder why? Woman to woman is equally disgusting but at the very least, it involves p*##y and not a sewer line. In any case, if you start a fight with women on this, you'll be muddied and not get anywhere. With men, you can FIGHT and be very rough
@Mkenya Halisi. Kwa nini umesahau kutaja mambo ya dini ya Mwana wa Mariamu (yesu - kikristo) na pia mwana wa Aisha (mohammed - kiislamu)?
Mimi sioni tofauti ya kuwa shoga au kufuata dini mbovu za kigeni! Mambo haya yote yanatokana na kujichukia au kutojidhamini.
Kama unajiheshimu, huwezi kuwa shoga au kuwa mfuasi wa dini hizi mbili mbovu! Pia, huwezi kuwa na majina ya kigeni au kufuata mila za kigeni!
Kwani wewe @Imara unaulisagawa na nani kutombwa mukudu na muuaji Raila?I also note some of you are speaking speaking for other Kenyans.Who are "WE"?Speak for yourself.Ni shauri lako ukitaka kuwa shoga.Uislamu ama UKristo au uRaila ni kauli lako mwenyewe.
The westerners have done great psychological damage to African people with colonization and slavery. They are on an aim to reduce your population and erase indigenous culture.
Leave alone the Kenya Government; 99% of Kenyans are NOT for SHITholes.