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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.

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Entertainment

PHOTOS:Maureen Waititu throws son lavish party to mark 5th birthday

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Alot has been said about Maureen Waititu and ex, Frankie Just Gym It who doubles up as her baby daddy and ex fiance. The former couple has been giving fans and bloggers a good reason to continue snooping into their personal life as they like to parade it on social media.

However, what we can say is that they both had been drowning in a toxic relationship for a while; and this can be seen in the blame game that they continue to play in front of their followers. On Tuesday, 2o October Frankie Just Gymit shared a special message dedicated to his son as he celebrated his 5th birthday; but what caught our attention is the part he revealed that his ex has denied hi access to his boys. He wrote;

Since I have no access to you, I’ll pass these words on and hope they find you. Be true to yourself always. Live your own dreams. Don’t take life so seriously. And, last but certainly not least, Know that I love you and will always be there for you. No matter what, I’ve got your back. You are my son and always will be. Happy Birthday Lexi.

Maureen shares birthday photos

Maureen on the other hand has however chosen to maintain her silence; but this does not mean she will not be posting anything. As seen on her latest post, the mother of two has gone ahead to share a few photos showing how lit her baby’s birthday was.

READ ALSO:   Kenyan marries another man in USA

Lexi turns 5

Judging from the set up, we can agree that indeed the single mum went all out for her baby boy; but as much as she has issues with her ex lover, she should have let the baby daddy celebrate with her son. No?

Maureen Waititu celebrates son’s birthday in style

https://www.instagram.com/p/CGnH7tTg-ZR/?utm_source=ig_web_copy_link

By Ghafla.com

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Entertainment

Official video of Kenyan MPs participating in ‘Jerusalema Challenge’ released

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The awaited video of Kenyan politicians dancing to the ‘Jerusalama’ hit song has finally been uploaded on their Kenya’s National Assembly YouTube.

This comes just a few weeks after Suba North MP Millie Odhiambo proposed this motion in parliament; hoping to be the first parliament in the world to take part in the challenge. And for a minute many assumed that this could not work; until the video finally surfaced on online on Wednesday, 21 October.

Probably because this challenge had already been exhausted by many judging from the many videos of the challenge circulating on social media.

Kenyan politicians participate in Jerusalema video

Anyway, whether you like it or not, Kenyan politicians have gone ahead to release a new video; showing off their dance moves in their ‘Jerusalama challenge.‘ In a video shared less than 2 hours ago, the many politicians are seen grooving to the South African hit song….. and we love it!

By Ghafla.com

READ ALSO:   Pastor Burale responds to ex-wife’s comments over their divorce
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Governor Kingi tell off DP Ruto over hustler movement

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BY KEVIN KOECH

Kilifi Governor Amason Kingi has torn into wheelbarrow initiatives by Deputy President William Ruto terming it a political gimmick that has no benefit to Kenyans.

While addressing Kilifi residents during this year’s Mashujaa Day celebrations at Pwani University grounds the governor said Kenyans will only be freed from poverty, tribalism, and unemployment through the Building Bridges Initiative (BBI).

“The same that are opposing the BBI are the ones going out to give out wheelbarrows as handouts. So they are blocking you from getting the benefits of the BBI and think that they can blindfold you with wheelbarrows,” he said.

Kingi who was in the company of Kilifi County Commissioner Kutswa Olaka said that the BBI report has outlined various interventions including increasing money to counties from the current 15 per cent they are receiving, a situation he said will improve the lives of the residents in counties.

“We have been pushing for the increase of funds to counties from the current 15 per cent and that has been addressed in the BBI report. But it baffles me that someone would go to an extent of opposing the document with all these interventions and then the only thing he gives is wheelbarrows. This is unfair and such people should be ignored,” the governor added.

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

Kingi downplayed the hustler narrative saying that the DP is far away richer than the people he wants to lie to always.

“If you are hustler like him, then show me your chopper, your luxury houses not one and the luxury cars you own and then we shall know that you are like him. Other than that, then you are cheating yourself away,” he said.

He called on President Uhuru Kenyatta and opposition leader Raila Odinga to immediately release the contents of the BBI report to Kenyans so that the speculative agenda by the Tangatanga team can be silenced.

“If we continue to withhold the report, the prophets of doom will continue to speculate and continue to lie to Kenyans about its contents, I am asking the President and Mr Odinga to release the report,” he added.

Kingi also promised to help deliver and explain the BBI document to his residents, insisting that he will lead in ensuring that Kilifi gets to know the importance of what is contained in the document.

“I will move out as a Governor in 2022 and another person will come in but if BBI is not addressed then the challenges that are there will still exist. I will be in my most pains when after retirement, the only thing I will see in Kilifi is wheelbarrows. That is not what we want as Kilifi residents,” he said.

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