Home WebMail Saturday, November 2, 2024, 02:22 PM | Calgary | 4.5°C | Regions Advertise Login | Our platform is in maintenance mode. Some URLs may not be available. |
Posted: 2019-05-24T15:39:33Z | Updated: 2019-05-29T13:47:51Z

NAIROBI, Kenya (AP) Kenyas High Court on Friday upheld sections of the penal code that criminalize same-sex relations, a disappointment for gay rights activists across Africa where dozens of countries have similar laws.

The judges unanimous ruling in the closely watched case was followed by activists vows to appeal. Many in Kenyas vibrant gay community had hoped the court would make history by scrapping the British colonial-era laws and inspiring other countries in Africa to do the same.

Activists argue that the laws criminalizing consensual same-sex relations between adults are in breach of the constitution because they deny basic rights. The state should not regulate intimacy between gay couples, they say.

The laws prescribe up to 14 years in prison for people convicted of homosexual acts.

Reading the ruling, one of the judges concluded that Kenya had no social pressure to legalize homosexuality.

Reaction was swift.

These old colonial laws lead to the LGBT community suffering violence, blackmail, harassment and torture. They devastate peoples lives and have no place in a democratic Kenyan society, the Nairobi-based National Gay & Lesbian Human Rights Commission said after the decision was announced.

At least half of Kenyas LGBT persons in Kenya have suffered physical and verbal assault, the commission says. Most assaults are not reported because gays dont have confidence they would get protection from the police, activists say.

In a separate statement, the organization Stonewall UK called the decision crushing news and said 70 countries around the world still criminalize same-sex relationships.

Thirty-three of those are in Africa, Human Rights Watch says.

Kenyas courts, which many assume to be conservative on issues of sexuality, had recently ruled in favor of LGBT rights.

Last year, an appeals court ruled unlawful the use of forced anal exams to test whether two men had gay sex. In 2015, High Court judges ordered a government agency to register a human rights group representing the countrys gay people, saying Kenyas constitution recognizes and protects the rights of minorities.

Resistance to gay rights exists at the top of Kenyas politics, however.

Gay rights are not of any major importance in the country, President Uhuru Kenyatta told CNN in an interview last year. He said the laws criminalizing same-sex relations are supported by 99 percent of the Kenyan people.

Your Support Has Never Been More Critical

Other news outlets have retreated behind paywalls. At HuffPost, we believe journalism should be free for everyone.

Would you help us provide essential information to our readers during this critical time? We can't do it without you.

You've supported HuffPost before, and we'll be honest we could use your help again . We view our mission to provide free, fair news as critically important in this crucial moment, and we can't do it without you.

Whether you give once or many more times, we appreciate your contribution to keeping our journalism free for all.

You've supported HuffPost before, and we'll be honest we could use your help again . We view our mission to provide free, fair news as critically important in this crucial moment, and we can't do it without you.

Whether you give just one more time or sign up again to contribute regularly, we appreciate you playing a part in keeping our journalism free for all.

Support HuffPost

___

Follow Africa news at https://twitter.com/AP_Africa