THE judgement against the decriminalisation of homosexual acts in Kenya has caused distress among the LGBTQ community as it has only served to “justify, discrimination and violence meted against them.

According to the Gay and Lesbian Coalition of Kenya, the Nyanza Rift valley and Western LGBTQ Network(NYARWEK) and the national gay and Lesbian Human Rights Commission, partners, friends and allies the judges got it wrong  as the case mane NO reference to legalising gay marriage in Kenya  as Article 45(2) of the constitution 2010 recognises marriage between man and woman.

“The case also made no reference to promoting a culture of rape , sexual violence, sexual conduct with minors as these are provided for under the sexual offences Act,” the civil society groups that have been advocating for the rights of sexual minorities said in a statement.

Gender identity

They said Kenya must protect and uphold the Constitutional  rights of all its citizens  including its sexual minorities.

According to the civic groups and their partners the judgement is a direct contravention of the Bill of Rights  in Chapter 4 of the constitution of Kenya  2010, which recognises and affirms every Kenya’s inherent  right to life, right to privacy, right to human dignity, right to equality and freedom from all forms of discrimination including sex and sexual  orientation, right to freedom and security of person , freedom of expression, freedom of associations, access to justice among others.

“Lesbian, Gay, Bisexual , Transgender, Queer or gender non-binary person, like  any other Kenyan have the right to live free from violence and discrimination.

“We urge the government to take immediate and deliberate steps to protect and uphold the rights  of ALL LGBTQ persons  by repealing section 162(a) and (c) and 165 of the Penal code an introducing legislation that prohibits discrimination on all grounds including sexual orientation, gender identity and expression.