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Netherlands Ambassador to Kenya Frans Makken found himself on the receiving end after posting a tweet he expressed disappointment over the High Court’s decision to decline to legalize homosexuality in Kenya.
“Very disappointing: High Court of Kenya declines to repeal the 162 section of the penal code which criminalizes same-sex conduct as this section is not deemed unconstitutional,” read the envoy’s tweet.
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File image of the envoy's deleted tweet
Comments came in thick and fast with many who were celebrating the High Court’s decision alleging that homosexuality is a “foreign idea” in Kenya.
Following the backlash, the envoy made a hasty retreat and deleted the tweet even as netizens went on the rampage.
As the debate raged on, Political scientist Mutahi Ngunyi added his voice to the debate with a quote from former Zimbabwean President Robert Mugabe.
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Mutahi Ngunyi's tweet
High Court Judges Roselyn Aburili, Chacha Mwita and John Mativo on Friday declined to decriminalise sections of the Penal Code that make it illegal to have consensual same sex in Kenya.
In their ruling, the judges dismissed a case filed by Eric Gitari and a host of lesbian, gay, bisexual, transgender and intersex groups, which sought decriminalisation of sections 162 and 165 of the law.
The judges said that declaring the sections illegal would open the door to unions of persons of the same sex, creating a conflict with article 45(2) of the Constitution.
The article states that marriage is between a man and a woman.
Prior to the ruling, the LGBTI community in Kenya and their allies had been optimistic that The Decriminalisation of or Section 162 (a) and (c) will be a huge step towards equality and non-discrimination of all persons.
However, all the hopes were dashed with a host of Human Rights Organizations and activists faulting the decision.
In a lengthy statement, Amnesty International regretted that “Kenya is unfortunately among 32 countries that have held on to colonial laws that criminalise homosexuality acts.”