High Court upholds section 162 of Penal Code criminalizing homosexuality

High Court makes ruling on decriminalising homosexuality

Mumbi Mutuko

May 24, 2019 4:23 PM

High Court makes final ruling on homosexuality

Justice John Mativo

The High Court has dismissed the petition filed to repel section 162 and 165 of the Penal code which criminalises gay sex.

Presiding judges Roselyne Aburili, Chacha Mwita and John Mativo said Section 162 (a) and (c) of Kenya’s Constitution says clearly that homosexuality is illegal in Kenya.

The law, under that section, states: “Any person who — (a) has carnal knowledge of any person against the order of nature; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for fourteen years.”

According to section 163 of the penal code, it states that, “Any person who attempts to commit any of the offences specified in section 162 is guilty of a felony and is liable to imprisonment for seven years.”

Section 165 of the law states that, “Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.”

Mumbi Mutuko