Kenya Set To Rule On Gay Sex

The High Court in Kenya is expected to rule on the legality of homosexuality later this week. The ruling follows a challenge of colonial-era laws that criminalize gay sex. If successful the challenge will see the courts declare the laws unconstitutional. 

The case was brought in 2016 by three gay rights organizations, which challenged that the existing laws violate several rights and freedoms contained within the Kenyan constitution, including the right to privacy, the right to freedom of expression and the right to freedom from discrimination. Hearings began in February of last year. 

Human Rights Watch researcher Otsieno Namwaya has stated, "Even Kenya's own constitution outlaws discrimination of any kind, so it is illegal to allow discrimination on the basis of religion, on the basis of tribe, on the basis of sexual orientation. So it is a contradiction for the constitution to say on one hand that any form of discrimination is illegal but on the other hand retain laws that discriminate against one section of the people."

A ruling in the matter was previously expected in February but postponed until May 24. If the courts do rule to overturn the laws then it will be the first country in the East Africa region to legalise homosexuality, following similar moves by courts in India and Trinidad and Tobago.