However, all things work together for good to those who love God and I confess to you that, that article, however disparaging and infamous, has helped me know a lot about LGBT people. Therefore, let me clear the air on this issue, I never said anything of that sort! According to the report, "he stated that there was a need for human societies to live in love, care[,] and harmony with one another without assigning indifferences. President Barack Obama should "leave the gay talk in America" during his state visit to Kenya.
He also said that he does not want to "open doors for [Kenya] to be destroyed. The ban raised international outrage by the supporters of LGBT rights. The film's director, Wanuri Kahiu , sued Kenya's government, to allow the film to be screened and become eligible to be submitted as Kenya's entry for the Academy Award for Best Foreign Language Film at the 91st Academy Awards.
In November , Kenyan Prime Minister Raila Odinga said the behavior of gay couples was "unnatural" and that, "If found the homosexuals should be arrested and taken to relevant authorities". He asserted that "there was no need for homosexual relationships" because the most recent census showed there were more women than men. He said it was "madness for a man to fall in love with another man while there were plenty of women" and that "there was no need for women to engage in lesbianism yet they can bear children".
In November , the commissioner of prisons, Isaiah Osugo, announced a plan for closed-circuit television surveillance in Kenyan prisons to curb sex between male inmates. The other frontier of marginalization is the gay rights movement. Gay rights are human rights.
Kenya to rule on gay rights as African neighbours look on | Global development | The Guardian
Here I'm simply confining my statement to the context of human rights and social justice paradigm, and avoiding the controversy that exists in our constitutions and various legislation. As far as I know, human rights principles that we work on, do not allow us to implement human rights selectively. We need clarity on this issue within the human rights movement in East Africa, if we are to face the challenges that are spearheaded by powerful political and religious forces in our midst. I find the arguments made by some of our human rights activists, the so-called "moral arguments", simply rationalizations for using human rights principles opportunistically and selectively.
We need to bring together the opposing viewpoints in the movement of this issue for final and conclusive debate.
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When former U. Sex acts between men are illegal under Kenyan statutes and carry a maximum penalty of 14 years' imprisonment, except 21 years in certain aggravating circumstances. Sex acts between women are not mentioned specifically in those statutes, although it is arguable that the gender-neutral term "person" in Section of the Penal Code includes women. Indeed, Prime Minister Raila Odinga on 28 November called for them to be arrested along with gay men. The Kenyan Penal Code of , as revised in , provides as follows: Any person who attempts to commit any of the offences specified in section is guilty of a felony and is liable to imprisonment for seven years.
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. Same sex sexual practices remain criminalized Closely related to this, is a cartel of corrupt police officials who routinely extort and blackmail LGBTI persons with the threat of arrest and imprisonment if they do not give those bribes.
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LGBTI sex workers, mostly MSMs [men who have sex with men] are often asked for bribes and sexual favours by male police officers in exchange for their freedom and security. Those who fail to give bribes or sexual favours are charged with tramped up charges and sometimes raped by state security officers. The Constitution of Kenya, [34] which took effect 27 August , does not expressly protect the rights of LGBTI persons because, according to the experts who drafted the constitution, a majority of Kenyans would have rejected the constitution in the referendum to adopt it.
Nevertheless, many argue that Kenya's statutes discriminating against LGBTI persons are unconstitutional and void because of the constitution's broad protection of civil and human rights. Peter Anaminyi , the national director of Feba Radio Kenya, predicted in June that within 18 months there would be a challenge to the constitutionality of the Kenya Penal Code. Article 2 of the Constitution of Kenya provides, in paragraph 5 that "the general rules of international law shall form part of the law of Kenya" and, in paragraph 6 , that "[a]ny treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution".
In paragraph 4 , the constitution states, "[a]ny law, including customary law, that is inconsistent with [the] Constitution is void to the extent of the inconsistency, and any act or omission in contravention of [the] Constitution is invalid.
Kenya to rule on gay rights as African neighbours look on
Article 10 2 b of the Constitution of Kenya provides that, "The national values and principles of governance include There is firm ground to contest for inclusion, non-discrimination and equality too". Article 20 3 b of the Constitution of Kenya requires courts, when applying a provision of the Bill of Rights, to "adopt the legal interpretation that most favours the enforcement of a right or fundamental freedom". Concerning this article, Makau Mutua , the chair of the Kenya Human Rights Commission and the dean at the University at Buffalo Law School, The State University of New York , says that "where a right is contested, the courts must take the most liberal interpretation of the law to avoid denying the right".
Article 24 1 of the Constitution of Kenya provides that, "A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors While the Constitution does not explicitly provide for non-discrimination on grounds of sexual orientation and gender identity, there is scope for this to be rectified through the courts or subsequent legislation.
Article 27 4 of the Constitution of Kenya provides that the "state shall not discriminate directly or indirectly on any ground, including [listed characteristics]", while Article 27 5 states that persons shall not discriminate on any of the grounds "specified or contemplated in clause 4 ".
Thus defined, the prohibition on discrimination by both the state and non-state actors should be read as inclusive of sexual orientation and gender identity. Article 27, which is the Equal Protection of the Constitution, provides "every person" is "equal before the law" and has the "right to equal protection" before the law.
That's an unequivocal, categorical, and blanket protection against discrimination. The article doesn't exclude homosexuals from the ambit of constitutional protection. Further, Article 27 4 prohibits discrimination on the grounds of "sex". The prohibition of discrimination on the grounds of sex has been understood to include sexual orientation.
The Constitution eliminates all wiggle room by prohibiting both direct and indirect discrimination. Article 28 of the Constitution of Kenya provides that, "Every person has inherent dignity and the right to have that dignity respected and protected. Article 31 of the Constitution of Kenya provides that, "Every person has the right to privacy In a separate case, a Court of Appeal in Mombasa , Kenya, ruled on 22 March , that conducting forced anal examinations on people who are accused of same-sex relations is unconstitutional. The ruling reversed a High Court decision that had upheld the Kenyan authorities' use of forced anal exams to attempt to provide evidence of homosexual conduct.
Article 45 2 of the Constitution of Kenya specifically authorises opposite sex marriage but is silent about same-sex marriage. The ceremony received widespread attention in Kenya, most of it critical. Chege's relatives were harassed severely by people living in his home village of Gathiru in Murang'a District. In February , a rumor spread in the coastal town of Mtwapa that two Kenyan men were going to marry in a local hotel.
The rumor unleashed a "house-to-house witch hunt by anti-gay vigilantes, street attacks targeting gay men, the sacking of an AIDS-fighting medical center, and a widening wave of ultra-homophobic national media coverage". Five days before the date of the non-existent wedding, "many of the muftis and imams discussed the impending wedding during Friday prayers and asked the community to be vigilant against homosexuals. They told their congregants to demonstrate and to flush out homosexuals from the midst of Mtwapa and to ensure that no gay wedding took place". The day before the non-existent wedding, a press conference condemning the wedding was held by Sheikh Ali Hussein, regional coordinator of the Council of Imams and Preachers of Kenya , together with Bishop Lawrence Chai, regional representative of the National Council of Churches of Kenya.
They warned that "God is about to punish the fastest-growing town in the Coast region. Come night, come day, we shall not allow that marriage to be conducted in this town tomorrow.
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We shall stand firm to flush out gays who throng this town every weekend from all corners of this country". They also warned the owner of a building in the town, who was allegedly renting rooms only to homosexuals, to evict them within seven days or face their wrath. He said that "homosexuality must be stopped and every means used to make that happen".
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Currently homosexuality is illegal in most countries on the continent. In several, gay people face life imprisonment or the death penalty. Many African languages do not even have a word for homosexuality. The court has heard from expert witnesses who said there have long been established traditions of tolerance of homosexuality in Africa.
Last year the high court in Kenya temporarily overturned a ban on the film Rafiki , that portrays a lesbian relationship, to allow it to be entered for the Oscars. In neighbouring Tanzania, authorities in Dar es Salaam, the biggest city, have launched a series of crackdowns on gay people in recent years.
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