Kenya’s Deciding Whether To Decriminalize Gay Sex Or Make It A Bigger Crime

The African country of Kenya is currently undergoing important court proceedings.

A three-judge panel is reviewing the current law that states that gay sex is “unnatural sex” and is a crime.

The law is being reviewed because it’s seen as too vague. Two years ago, two men were caught having sex, which led to their having to undergo an “anal test” (which is considered a form of torture by international human rights groups).

Eric Gitari, the director of the the National Gay and Lesbian Rights Commission, is leading the fight for decimalization with Senior Counsel Paul Muite. They want sections 162 and 165 of the penal code to be decriminalized based on their discriminatory and unconstitutional basis.

In addition, Gitari says that sex is an “essential element of how individuals express love and closeness and how they establish and nurture relationships.”

That said, no one knows how the ruling will go as one judge is currently in favor of decriminalization, one is against it, and the other is undecided.

Depending on the judges’ ruling, gay sex could be decriminalized or it could become an even bigger crime in the eyes of the law.

The implications of this ruling are pretty substantial. Kenya is a large and imposing country within the Eastern African nations. If Kenya legalizes gay sex, it could ripple into other countries. This is especially true seeing as the country will be participating in the 2018 Commonwealth Heads of Government Meeting, where legalizing gay sex is set to be a topic of interest.

We’ll find out which side Kenya lands on by February 22.

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