The LGBT community were on Friday dealt a huge blow after the High Court declined to decriminalise the law against gay sex.
Judges Chacha Mwita, Roselyne Ekirapa, and John Mativo failed to Repeal Section 162 stating that they were not convinced by the petitioners that the offences were overboard.
“The Court holds that the impugned provisions of the Penal Code are not vague and disclose an offence. The petitioners have failed to prove that the provisions are discriminatory. There is no evidence to show that the petitioners were discriminated and their rights violated as they sought healthcare,” stated Judge Mwita.
“On right to non-discrimination, the Constitution only prohibits unfair discrimination. In this case, the language of section 162 targets “Any person” and not a particular group with a particular sexual orientation, as claimed by the petitions,” the judges ruled.
The judges noted that the phrases used in the penal code are clear and disclose offences known in law.
They further said a statue is not rendered vague for lack of a definition.
{ Read: Will Kenya ever decriminalise gay sex? }
The ruling which was set to happen on Friday morning was postpone to the afternoon by the three-judge bench.
The petitioners wanted the court to decriminalise same sex arguing that the 2010 Constitution violates the rights to equality, dignity, freedom from discrimination and privacy for all its citizens adding that the State has no business regulating matters of intimacy.
In Kenya, the gay sex can lead to a 14-year jail term for those prosecuted and found guilty.
