The High Court in Kenya has ruled to keep the gay sex ban in a devastating ruling.
The High Court voted to not repeal Sections 162 and 165 of the Penal Code. Lady Justice Aburili, Justice Mativo and Justice Mwita handed down their ruling at the court in Nairobi. They ruled unanimously to uphold the laws.
One can still be sentenced to up to 14 years for violating the law.
‘Even though the enforcement of the Penal Code is necessary to maintain law and order, such enforcement can have implications for Kenyan’s human rights,’ Justice Mwita said in the ruling.
High Court Justice John Mativo said petitioners could not prove that the definitions of the Penal Code were unclear and vague.
He asserted that because Sections 162 and 165 do not single out LGBTI people but state ‘any person’ who commits those offences can be punished it is therefore not unconstitutional.
Mativo also argued that petitioners couldn’t prove LGBTI people had ‘been denied medical care’ and access to a fair trial.
‘Petitioners failed to provide credible evidence to demonstrate that they had been discriminated against,’ he said.
‘Evidence submitted showing that LGBT people have been denied healthcare services on the basis of their sexuality were general statements that did not meet the burden of proof.’
He then declined to repeal the laws.
