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Why you can’t have consensual gay sex in Kenya – High Court

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The High Court on Friday declined to decriminalise sections of the Penal Code that make it illegal to have consensual same sex in Kenya.

Judges Roselyn Aburili, Chacha Mwita and John Mativo noted that phrases used in the law are clear and disclose offences known in law.

They further said a statute is not rendered vague for lack of a definition and that the petitioners failed to prove discrimination and violation of rights.

THE LAW

Petitioners wanted the court to quash sections 162 and 165 of the Penal Code.

The law states that a person contravening the sections, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.

 

Section 162 reads: “Any person who – (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; 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.

Section 165 reads 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.

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ARGUMENTS

The petitioners argue that the State has no business regulating matters of intimacy; they told the judges that gay feelings are natural and that the State should not interfere with the private matters of two consenting adults.

It is their argument that the two sections are discriminatory and contravene various provisions of the Constitution such as the right to equality, freedom from discrimination, human dignity, freedom, security and privacy.

However, religious groups say such matters should be guided by the country’s values.

President Uhuru Kenyatta has said in the past that gay rights are a “non-issue” in Kenya, as same-sex relations are not an issue of human rights, but of “our own base as a culture”.

During a visit to Kenya in 2015, Barack Obama, the then US president, directly challenged Mr Kenyatta, on the need for equality for the LGBT (Lesbian, Gay, Bisexual, and Transgender) community, suggesting that “bad things happen” when countries do not accept their citizens’ right to be homosexual.

Mr Kenyatta bluntly shut down Mr Obama’s discussion on gay rights terming it “a non-issue” and that Kenya is not keen on embracing homosexuality.

NATION.CO.KE

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American bride ‘undergoes FGM’ in Pokot traditional wedding – VIDEO

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An American missionary living in Baringo County braved female genital mutilation in order to fulfill the marriage customs of the Pokot in her traditional wedding.

The American couple has lived among the Pokots for the last 10 years doing missionary work.

Trizah and Tony said they fell in love with the Pokot culture and decided to wed in adherence to the traditions.

Among the Pokots, the bride must undergo female genital mutilation as a rite of passage to adulthood, a condition the American couple readily agreed to.

The marriage ceremony took place in Paka Hills.

Trizah was given a Pokot name Cheigar.

“I am proud to be here and be a part of this. It’s a blessing for me to be able to do this and be accepted by these people” Tony told K24 TV in an interview.

Female genital mutilation was banned in Kenya eight years ago after the enactment of Female Genital Mutilation Act 2011.

Communities still practice the vice albeit in secrecy.

By nation.co.ke

READ ALSO:   NGO Officials Arrested for Allegedly Recruiting Kenyan Youth into Homosexuality
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VIDEO: “Drunk” Kenyan in US faces up to 99 years in Prison ‘after killing man in wrong way vehicular homicide’

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A Kenya man faces up to 99 years in prison after he was charged with felony murder and intoxication assault on a peace officer.

Two Harris County Sheriff’s deputies were injured and the man they were taking to jail was killed when they were hit head-on by a wrong-way driver in west Harris County.

Investigators believe that wrong-way driver, who has been identified as 39-year-old Patrick Njogu, was drunk.

Authorities say Deputy C. Drake and Deputy P. Zelaya were going eastbound on the Westpark Tollway at Synott around 11:30 p.m. Sunday when Njogu slammed his Lexus into their patrol vehicle.

The deputies had left the scene of a major crash before that and were taking the 42-year-old prisoner in the backseat of the patrol unit to jail for allegedly being impaired.

Investigators spoke to the deputies who said they had little time to react. They believe Njogu was headed the wrong way on the road for more than a mile.

Sean Teare with the Harris County District Attorney’s Office says he has seen video of the collision.

“You can see the moment the two deputies go over the hill on the on-ramp as this defendant is basically exiting Westpark the wrong way,” Teare said.

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Other drivers apparently called 911 in the moments before the crash, trying to warn authorities of the coming danger. The Harris County Toll Road Authority then located Njogu’s vehicle on camera but could not prevent the head-on collision.

Deputy Drake was driving, but he was unable to take evasive action.

“He had nowhere to go. It is an on-ramp, a one lane on-ramp. He was only able to see him for a split second before the head-on,” Teare explained.

Officials say everyone was wearing a seat belt, and they were all taken to Memorial Hermann Southwest Hospital. The prisoner died.

Deputy Drake had a broken foot, numerous bruises and cuts, and Deputy Zelaya suffered a concussion. Njogu was taken to the hospital with a broken leg.

Jeff Ehling

@JeffEhlingABC13

Two deputies are injured and a person in transport is killed after the deputy’s patrol car was struck by a wrong way driver on the Westpark tollway.

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Authorities say Njogu has five previous DWI arrests and three previous convictions in Illinois and Missouri.

Teare described Njogu as being highly intoxicated.

“He told the deputies or asked the deputies whether or not he was in the state of Missouri immediately after the crash,” Teare said.

READ ALSO:   Pastor Burale responds to ex-wife’s comments over their divorce

Njogu had a Texas driver’s license.

According to the district attorney, as long as he had been adjudicated for the other convictions, there would be nothing that would prevent him from getting a Texas license.

-Agencies

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ROTICH ARREST: Uhuru set to name his replacement as Treasury CS [VIDEO]

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President Uhuru Kenyatta is set to name a replacement for Treasury Secretary Henry Rotich ans well as Principal Secretary in the same Ministry, Kamau Thugge, following their arrest on Monday. A source at the State House told ksnmedia.com that the President had made it clear to his cabinet that if any of them is charged in court over corruption, he would have to be replaced as the case is prosecuted.

“It goes without saying. The gloves are completely off and the President is ready to go the whole haul,” said the source who sought anonymity as she is not authorised to speak to the media.

Earlier this year, President Kenyatta told a joint sitting of parliament that those who will be taken to court will have to step aside.

“If you are charged in a court of law, you will be replaced,” said Kenyatta amid cheers from the lawmakers.

On Monday, the Director of Public Prosecution put out a lengthy statement, with minute details of how Kenyans were taken for a ride over dam projects whose cost was inflated to Sh63B.

Former Vice President Musalia Mudavadi is in agreement that the President should immediately name a replacement. “He has to do it even if on a temporary basis,” Mudavadi told NTV’s Kennedy Muriithi in an interview on Monday evening.

READ ALSO:   Pastor Burale responds to ex-wife’s comments over their divorce

All eyes are now set on the presidency to see whether these statements will come to pass.

 

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