High court judges give reasons why they can't deliver a ruling on same sex relationships
"These crimes are considered felonies... very, very violent dangerous crimes to society," said Eric Gitari, the co-founder of the National Gay and Lesbian Human Rights Council (NGLHRC), one of the petitioners. A section of Kenya's penal code states that anyone who has "carnal knowledge... against the order of nature" can be imprisoned for 14 years. Another provides for a five-year jail term for "indecent practices between males".
"The law specifies 'in public or private' which essentially allows police to enter our bedrooms to investigate these crimes," said Gitari. Imani Kimiri of the NGLHRC's legal team, told AFP her office dealt with 15 prosecutions under the laws in 2018, but cannot recall the last conviction -- slamming the process as "just a frustrating endeavour".