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Kenya upholds law criminalising gay sex | Kenya upholds law criminalising gay sex |
(about 1 hour later) | |
Kenya's High Court has ruled against campaigners seeking to overturn a law banning gay sex. | Kenya's High Court has ruled against campaigners seeking to overturn a law banning gay sex. |
The judges rejected claims that the colonial-era law violated the new constitution, which guarantees equality, dignity and privacy. | The judges rejected claims that the colonial-era law violated the new constitution, which guarantees equality, dignity and privacy. |
The penal code criminalises "carnal knowledge against the order of nature" - widely understood to refer to anal intercourse between men. | The penal code criminalises "carnal knowledge against the order of nature" - widely understood to refer to anal intercourse between men. |
Gay sex is punishable by up to 14 years in prison. | Gay sex is punishable by up to 14 years in prison. |
Kenya's National Gay And Lesbian Human Rights Commission says it has dealt with 15 prosecutions under the penal codes in 2018, with no convictions. | Kenya's National Gay And Lesbian Human Rights Commission says it has dealt with 15 prosecutions under the penal codes in 2018, with no convictions. |
But it had argued for the law to be scrapped because it gives rise to a climate of homophobia. | But it had argued for the law to be scrapped because it gives rise to a climate of homophobia. |
In 2016, LGBT rights activists filed a case with Kenya's High Court saying that homosexual relations should be decriminalised. They argued that the state has no business regulating matters of intimacy. | |
The case wasn't heard until February 2018 and a verdict was initially expected in February 2019 - but delayed until Friday. | The case wasn't heard until February 2018 and a verdict was initially expected in February 2019 - but delayed until Friday. |
What did the judges say? | |
What has the reaction been? | |
What's the gay scene like in Nairobi? | What's the gay scene like in Nairobi? |
Megha Mohan, BBC Gender and Identity reporter | Megha Mohan, BBC Gender and Identity reporter |
There are unofficial gay clubs and advertised events in Kenya's cities. | There are unofficial gay clubs and advertised events in Kenya's cities. |
"The LGBT community in Kenya have created an amazing tribe and culture for themselves," says Brian Macharia, an activist for the Gay and Lesbian Coalition of Kenya. | "The LGBT community in Kenya have created an amazing tribe and culture for themselves," says Brian Macharia, an activist for the Gay and Lesbian Coalition of Kenya. |
"There is a ballroom scene, a drag scene - vibrant bisexual community, a lesbian scene. Young people are driving the community forward through social media." | "There is a ballroom scene, a drag scene - vibrant bisexual community, a lesbian scene. Young people are driving the community forward through social media." |
Gay men also use dating apps - although visitors with international roaming do get a warning about the legal status when logging in while in Kenya. | |
The judges ruled that while they respected changes to laws banning gay sex in other countries, it was the court's duty to respect prevailing Kenyan values. | The judges ruled that while they respected changes to laws banning gay sex in other countries, it was the court's duty to respect prevailing Kenyan values. |
Many Christian and Muslim groups support the current law, and the Kenyan attorney-general had argued against decriminalisation. | Many Christian and Muslim groups support the current law, and the Kenyan attorney-general had argued against decriminalisation. |
Many African countries still enforce strict laws governing homosexuality, in most cases a legacy of laws imposed by the colonial rulers. | Many African countries still enforce strict laws governing homosexuality, in most cases a legacy of laws imposed by the colonial rulers. |