Blow to Kenyan LGBTQ Community as High Court Declines to Decriminalize Homosexuality

The High Court in Nairobi has declined to decriminalize homosexuality in Kenya.
In a ruling on Friday, a three-judge bench comprising of Justices Roselyne Aburili, Chacha Mwita and John Mativo quashed a case by gay rights activists who were seeking to have sections of Kenya's Penal Code that illegalize same-sex relationships declared unconstitutional.
The judges noted that Section 162 (a) and (c) of the Penal Code clearly stated that homosexuality is illegal in Kenya.
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 section recommends a five-year jail sentence for “indecent practices between males”.
The petitioners also argued that the laws violate the right to privacy, the right to freedom of expression, the right to human dignity and the right to freedom from discrimination.
The judges further dismissed the petitioners’ claims that failure to decriminalize homosexuality 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.”
Comments
God created Adam then made…
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God created Adam then made Eve from Adam. It wasn't Mike and Steve or Caroline and Pamella. These satanic options of man marrying another man or woman marrying another woman it all about mental defects, by the way most of the so called same sex marriages don't last that much long.
Gays are Perverts and Worse…
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In reply to God created Adam then made… by Kikuyu Wamjomba (not verified)
Gays are Perverts and Worse than Akatas (Dirty Dogs).
You are an idiot.
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In reply to Gays are Perverts and Worse… by GUEST1 (not verified)
You are an idiot.
Yes. I am an Idiot of Chist;…
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In reply to You are an idiot. by Mwangi Kiratu (not verified)
Yes. I am an Idiot of Chist; and you're an Idiot of Satan. And so you ought to be Wiped out (by GOD) like Sodom/Sodomy and Gomorrah. Yep!!!
@ guest1 are you really a…
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In reply to Gays are Perverts and Worse… by GUEST1 (not verified)
@ guest1 are you really a Christian? Your foul language terrible .Even in your bible the devil does not talk like that.Please respect people with their divers tastes.Didferent strokes for different folks. It's only sex loosen up.
Nina habari nitakayoyanena…
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Nina habari nitakayoyanena hapa yataleta mtafaruku kati ya mashoga na wanaotii watu wanashikilia kuudumisha utamaduni wa Mwafrika na maumbile ya Rabuka. Ukweli ni kwamba Ushoga ni ugonjwa wa kiakili. Kwamba ushoga hasa wa Mwafrika ni wa kujibandika. Kwamba Mwafrika yeyote ajiitaye shoga, kimantiki, ni uigaji wa mila za wazungu ambao mazingira waishio hawapasa wafutiwe na jinsia moja. Takriban Wazungu na Wafrika weusi hasa Marekani wamelelewa katika mazingira ya kike. Wengi ya watoto wa kiume wamelelewa na nyanya zao, mama zao au shangazi zao. Asilimia kubwa ya baba za watoto wa kike hawa wa kike wamo jela, kwa hivyo maisha yote ya vitoto hivi huyaiga mazingira ya kike wanayonyafuana nayo. Kwanza wanawashuhudia nyanya, dada, mama na shangazi zao wakijipondoa pondoa, kujiziriba, kujipamba na kujirembesha kwa vipodozi, kuvaa herini, bangili, makorokoro, na kupaka nyuso zao dawa au rangi ya kung'arisha. Wasichokifanya Wakenya hawa ni kwamba, uvaazi wa herini masikioni hapa Marekani huonyesha upendeleo wa kimapenzi, na ni ishara kwamba wewe ni shoga. Na iwepo wewe ni shoga, unatongozwa kama vile mwanamme amtongozae mwanamke. Ni huzuni unapowaona Wakenya hawa wakiiga mila, desturi na utamaduni wasioelewa asili yake. Wengi wa wanaume uwaonao Marekani, na hivi sasa Kenya, ni mashoga. Tofauti ya kuwa shoga Marekani na Kenya ni kuwa, ushoga unakubarika Marekani lakini Kenya, mmmm. Wengi wa viongozi wa nchi na kidini ni mashoga, ni vile tu wanafahamu yatakayo wakumba watakapotangaza msimamo kama huo.
Nashukuru mahakama kuu imesambaratisha tumaini ya mashoga kuwachafua kuwakanganya watoto wetu wa Kiafrika. Ushoga, kama ilivyo katika tabia ya binadamu kama vile wizi, uuaji, ulevi, na kadharika, ni chaguo la kibinafisi. Unachokipenda na kukichagua wewe, kaa kule nacho: walahi usituletee. Una haki ya kuchagua kubakwa upendevyo, lakini kumbuka kwamba, hata umbwa, ng'ombe, nugu, kima, simba, wanapotenda tendo hilo la kimapenzi, hawakaribii kidude hicho kitoacho ufundo wa kinyezi.
Hehehehe hawa mashetani…
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Hehehehe hawa mashetani mademons wapelekwe united state of gormolla where ur entitled to b anything n to marry anything from the dogs,squirrels n sodomy which is ushoga is uplifted n told to b normal.Please this courts should b reminded that we 99.9% voted we don't like such stinking behaviour during referendum.So hizi courts zituachie hawa magaindi we deal with them head on in our society's.Bure kabisa
@Kikuyu Wamjomba: Ndugu,…
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@Kikuyu Wamjomba:
Ndugu, katika mila za dada na ndugu zetu wa kutoka Yuropa, "anything goes." Maana yake, hakuna jambo linalopita kwenye akili za watu hawa wasilifanye.
Mimi nawalaumu watu wa asili ya Afrika kwa kuwa wepesi kuiga (imitate) tabia za ajabu za watu hawa. Mimi sikujua ya kwamba, mwanamume anaweza kulala na mwanamume mwingine kama mume na mke mpaka nilipofika Marekani. Baadaye, niligundua ya kwamba hata Waarabu nao pia hufanya mambo kama haya. Bahati yetu mbaya ni kuwa ndugu hawa wawili (Wanayuropa na Waarabu), ndio waliotutawala na kuleta tabia zao za ajabu Afrika.
Ni lazima tukope kutoka nchi zote za kigeni mambo ya sayansi na teknolojia na kuwaachia watu wengine wa kigeni waendelee na tabia hizo zao za ajabu.
Waswahili husema, "Mwacha mila ni mtumwa."
@Imara, thought you would…
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In reply to @Kikuyu Wamjomba: Ndugu,… by Imara Daima (not verified)
@Imara, thought you would remind @Kikuyuwamjomba that the Adam and Eve story is just that..a story that never existed.
Two, we need to understand more why people would be gay to a point of placing themselves in danger. Why do we hear stories where people knew they were gay at a tender age of four, five years old? Are five year olds criminals then? Where is our curiosity for more scientific evidence? Why do we dwell on emotions? Where is our brain in all this?
If the Story (of Adam and…
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In reply to @Imara, thought you would… by Mugikuyu (not verified)
If the Story (of Adam and Eve) did not EXIST, then how did You come into EXISTENCE? Or is yours by Adam and Steve (or by Ann and Angela)?
@Guest 1 it was Samuel and…
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In reply to If the Story (of Adam and… by KuChavuraa (not verified)
@Guest 1 it was Samuel and Samuel and I make no bones about it.
I normally try to stay away…
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In reply to If the Story (of Adam and… by KuChavuraa (not verified)
I normally try to stay away from opining on the religious due to hurt feelings, injured egos and offense taken. That said, with no intent to offend or bruise egos, I find it oddly ironic how Africans, for whom the bible has been a tool used to keep them down, love to throw bible quotes around to justify their particular beliefs and the status quo. My forebears and the customs they followed did not originate anywhere but on the African continent. I aver they led a more moral life than many who claim to be Xtians and who would like to condemn these people to hell for the "sin" of not having met a white man to be shown the "error" of their ways. One of my forebears was a medicine man. The white man called him a witch doctor, the Black Xtians among us think he went to hell. During those days, restorative justice and peaceful, systematic regular transfers of power and a distinct lack of generalized corruption ruled the day. I contend the bible was written by various and sundry men with the clear intent to control others. If you don't believe it research the history of the early church and the suppression of competing gospels at the Nicene Council in 325 a.d. If you have an open mind, it should prove illuminating, however,feel free to disagree. I'm not saying traditions are a panacea but people in the name of Christianity, starting in the 15th century, have failed African people again and again. Those in power use bible verses to keep people subjugated and we, people of African descent, meekly accept this as the will of a higher power. On the other side of the Indian Ocean, or the Pacific from my vantage point, the Chinese never forgot their humiliation at the hands of Western powers and a lot of what they do seems informed by these memories. African people simply forgive and cite the bible. Strangely, the white man used the bible to rationalize, intitutionalize and justify slavery. With Western power waning, thw next dominant powers look to be non xtian nations from Asia. As Kenya has become more religious, corruption has strengthened and taken root everywhere and prayer appears to be merely hot air expended for no discernible purpose. Is Kenya going to be ruled by greed and a meek acceptance of the status quo or join the rising powers? I fear the former.
From what iam reading the…
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From what iam reading the punitive and prohibited part of the law only applies to males.
Anyway,ibelieve that eventually the criminal part will be overturned.It is based on the laws the British left on the books. Does not comport with today's world.unfortunately the 3 judges ruled on personal convictions not law. Come on you want to punish an adult for doing what heterosexual occationally do...Ithink we are giving this thing called sex too much power ...My two cents.
@Maxiley, exactly, we are…
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In reply to From what iam reading the… by Maxiley (not verified)
@Maxiley, exactly, we are following laws which were written by our colonial masters eons ago. The judges' ruling was based on religious convictions brought by colonial masters. Why can't the Kenyan government stay out of consenting adults bedrooms and concentrate more on bringing essential services to her citizens? We can do it differently.
Kunywa moja on my account on…
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In reply to @Maxiley, exactly, we are… by Mugikuyu (not verified)
Kunywa moja on my account on my account@ mugikuyu.
@Maxiley, please provide us…
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@Maxiley, please provide us with a list of the benefits of a man sleeping with a man and a woman sleeping with a woman other than going against "black man's" culture and constitution (The Bible)and against God.
@Anonymous UI, unless you…
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In reply to @Maxiley, please provide us… by Anonymous UI (not verified)
@Anonymous UI, unless you live under a rock, the Bible and black man can not be used on the same sentence. You purport to be a pan africanist but you are proving to be a great disappointment like the rest of them. Wewe ni mtumua, a sheep in a 🐺 wolf's clothing. I had no idea when you talk of the commandments you mean from the Bible, the story book smh. Your mind is still very much colonized. The good news is that you can do better!
@Mugikuyu, you need to wake…
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In reply to @Anonymous UI, unless you… by Mugikuyu (not verified)
@Mugikuyu, you need to wake up to your true identity. The Bible is a book of a people's culture. That of Hebrew Israelites (Black Man) before the Bible characters were changed and Jesus changed to be a white man. The Bible is black man's history and constitution. Watch "Hebrew Israelites" in the streets of America on YouTube and learn. Learn of the lies that have been told over the years. The black man is waking up all over the world to his true identity, so do not be left behind. Do research and more research and read history of the Roman Empire (The so called White Man or the Edormite)
@ Anonymous UI, I checked my…
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In reply to @Mugikuyu, you need to wake… by Anonymous UI (not verified)
@ Anonymous UI, I checked my references and while it may be mythology, so is the man written bible. So here goes, Mwene Nyaga, Gikuyu, Mumbi and the mother of my clan, Wanjiru had no middle Eastern origins. They have as much if not more validity in my life as a book written by men 21 centuries dead and edited later to suit people from Europe. To quote a movie and mix some metaphors free your mind, we cannot change anything if we cannot change our thinking. The bible is keeping you yoked to an acceptance of the way things are.
@ Anomymous UI, Iam not…
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In reply to @Maxiley, please provide us… by Anonymous UI (not verified)
@ Anomymous UI, Iam not hanged up on sex .There are heterosexuals who do terrible things in society.Kill rape, bribe, cheat, steal ,corrupt,to name afew. Mind you there are heterosexuals who cannot have kids despite trying to,and some are horrible parents. I dont see anything to be proud of as a heterosexual...Do you?
We are all divers beings,and should respect each other,and follow laws backed by SCIENCE.
@mwangikiratu @mugikuyu …
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@mwangikiratu @mugikuyu @maxiley I have nothing but respect for you guys. It’s sad to read some comments here and I continue to ask myself if it was a choice who on earth would make such a choice to endanger themselves??
The big question I have to all these folks making insulting and negative comments- why do u give a fc’k #care who I take to my bedroom? worry abt ur wife/hubby/gf or bf not your neighbors lover smfh!!!!!
Anyway I am a proud Kenyan gay woman legally married to an American woman! I am living my life and I don’t care what @kuchavuraa @imaradaima @mkenyahalisi and all ignorant Kenyans think abt my sexuality/life/my business! No one forcing nutin down ur fk’n throat!!!Live n let live period! Gay is not a life style it’s living with a style yo! #kulawembe
TO ALL OUR IGNORANT BROs and SISTAs out
there:-
Being gay is NOT:
•a fetish
•perverse
•immoral
•a choice
•a fad
•a disease or in need of cure
•contagious
•NEW
•GOING AWAY
Being being gay is:
•exactly what we say
•biological
•harmless to others
•something some people just are
•hard 😢
but
•PERFECTLY OK 💕🧜♀️💕
Ndugu yangu @Mugikuyu Ni…
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Ndugu yangu @Mugikuyu
Ni ajabu kubwa sana mtu kusema "amesoma" (educated)Mrs. Adam) ni hadithi tu za Wayahudi na hazina uhusiano wowote na binadamu yeyote ila Myahudi.
Kwa hiyo, mtu yeyote anayeamini mambo ya biblia na koran, tayari ameshakufa akili yake. Maana yake, mtu kama huyo ni hatari sana kwa sababu ameshawacha na kusahau mambo yote ya asili yake.
Hebu tazama vitendo vya ajabu ambavyo "mkristo Ruto" anafanya Kenya na huku tapeli huyu anafikiria kuwa rais!!!!!!! wa Kenya 2022. Hebu tazama wafuasi wake wa ajabu kama "Baba yao" (Waititu) wanaotangatanga pamoja naye kila mahali!
Ndugu @so what: Nakuomba…
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Ndugu @so what:
Nakuomba ukubali ya kwamba, ulikuwa mwepesi kupigwa msasa na kuiga (imitate) mila za Wanayuropa na Waarabu. Kama ndugu zetu wengine Wafrika wamekuwa wepesi kuwa wakristo na waislamu.
Mtu hazaliwi mkristo au mwislamu! Vilevile, mtu hazaliwi "shoga!"
The Law was made to serve…
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The Law was made to serve Man, but Man was not made to serve the Law. As a People, we refuse to accept homosexuals into our Culture. We accept that they exist, just as we accept that there are thieves, and murderers, among us. Even if the High Court had legalized gay marriages, we would still have rejected it as a way of life, in Kenya.
@so what yes you have made…
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@so what yes you have made that choice to b a shoga but also allow us not to support that demons/devolish/stinking behaviour which even animals who don't have 5 senses cannot practice.Hata maubwa hawawezi lala kiume kwa kiume they r that smart yet hawana brains poa kama sisi watu.So as u make that stinking choice not force us to to support it??Hapa kenya we will continue to take law on our hands if we see such demons practising this devolish behaviours in our society's/communities.
Deportee Halisi, I guarantee…
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In reply to @so what yes you have made… by mkenya halisi (not verified)
Deportee Halisi, I guarantee someone in your family is gay. Based on your homophobia it is probably you. You also have a good chance one of your children will be. It is not a curse, it is simply a fact of life. You don't have to like it but it happens and from my understanding, not by choice. Many here are using a fairy tale book(the bible) to justify hate, forgetting this book was used to justify slavery. Some even say incest will be the result (really?) even though Genesis seems rife with incest. There appears to be a disjunction between what the bible preaches and what actually happens. And of course the one about loving thy neighbor, many seem to read it as thou shalt judge thy neighbor and hate him/her based on a passage you picked out of the bible to judge him/her wanting.
@mkenyahalisi no one is…
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@mkenyahalisi no one is forcing you to support anyone! You don’t pay our bills and so u have no right to tell us how to live or love! Simple end of the story. Live your life and let the live how hard is that? Whatever u believe is for u why make is believe in what u believe in? Worry about ur little problems and leave me the fck alone!
Ndugu @So what: Nakuomba…
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Ndugu @So what:
Nakuomba ukubali ya kwamba ndugu zetu wa kutoka Yuropa walikupiga msasa kiwango ambacho umekubali misimamo yao ya ngono. Hawa ndugu zetu wa kutoka Yuropa wamepanua njia nyingi za ngono kwa mfano:
1. Mwanamume anaweza kujamiana na mwanamke huku akitumia "tundu la kinyesi!"
2. Wanaume wawili wanaweza kujamiana na mwanamke mmoja huku wakipenya kila tundu lake!
3. Mwanamume na mwanamke wakati mwingine hutumia midomo kwenye sehemu za siri kama njia mojawapo ya kujamiana.
4. Wanaume na wanawake wakati mwingine humeza (swallow) shahawa (sperms) wakishamaliza kujamiana.
5. Wanawake wengine humkaribisha mbwa dume kufanya mapenzi naye.
6. Wakati mwingine wanaume na wanawake wengi hujamiana huku wakibadilishana wateja bila kujali ni watu wangapi ambao unashiriki nao ngono.
Kwa kumalizia, ni lazima watu waamue (decide) kama watakubali kufuata njia za ngono za Wanayuropa au mtu ataendelea na njia za ngono za mababu zetu. Kwa vile wewe (@so what) umekubali kufuata njia za Wanayuropa za kujamiana, endelea bila kutoa sababu za bandia. Nakuomba ukubali ya kwamba umeshapigwa msasa (brainwashed) kwa mambo ya ngono kama wengine wameshapigwa msasa kuwa "wakristo." Mimi sioni tofauti baina ya "mkristo" na "shoga." Wote wamepigwa msasa na Wanayuropa.
Samahani: Mwanamume na…
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Samahani: Mwanamume na mwanamke wanaposhirikiana kwenye mambo ya ngono, Kiswahili ni "KUJAMIIANA," si "KUJAMIANA" kama nilivyoandika hapo awali.
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