The High Court has declined to repeal sections 162 and 165 of the Penal code, a move which would have decriminalized gay sex. The decision is a blow to the Lesbian, gay, bisexual and transgender (LGBT) community in Kenya, who had anticipated the landmark ruling, hoping the ruling would be in their favour after an appeal had been filed by rights activists.
A three-judge bench which comprised John Mativo, Roselyne Aburili and Chacha Mwita delivered the unanimous decision. According to the ruling, the petitioners, representing the LGBT community, didn’t provide sufficient evidence of discrimination or denial of basic human rights due to their sexuality, and that none of the petitioners proved they have been denied the right to healthcare. The Court held that the impugned provisions of the Penal Code are not vague and disclose an offence.