Kenyan court upholds colonial-era laws criminalizing same-sex relations

NAIROBI, Kenya — Kenya’s High Court on Friday upheld sections of the penal code that criminalize same-sex relations, a disappointment for gay rights activists across Africa where dozens of countries have similar laws.

The judges’ unanimous ruling in the closely watched case was followed by activists’ vows to appeal. Many in Kenya’s vibrant gay community had hoped the court would make history by scrapping the British colonial-era laws and inspiring other countries in Africa to do the same.

Activists argue that the laws criminalizing consensual same-sex relations between adults are in breach of the constitution because they deny basic rights. The state should not regulate intimacy between gay couples, they say.

One law punishes “carnal knowledge against the order of nature” and prescribes up to 14 years in prison for people convicted of homosexual acts. Another says “indecent practices between males” can bring up to five years in prison.

The judges, however, said the petitioners had failed to prove how the laws violated their right to health, dignity and privacy and said the laws do not single out gay people.

“Acknowledging cohabitation among people of the same sex, where they would ostensibly be able to have same-sex intercourse, would indirectly open the door for (marriage) of people of the same sex,” said the judgment read in part by Justice Roselyn Aburili.

Reaction was swift.

“These old colonial laws lead to the LGBT community suffering violence, blackmail, harassment and torture. They devastate people’s lives and have no place in a democratic Kenyan society,” the Nairobi-based National Gay & Lesbian Human Rights Commission said.