High Court pushes anti-gay sex ruling, cites heavy case load

The much anticipated ruling on whether to decriminalise gay sex has been postponed to May 24 this year with the High Court citing heavy case load.

High Court Judge Chacha Mwita said the court was not ready as some of the judges were handling other cases.

“The files are above my height… we are still working,” the judge said, adding that one of his colleagues was on leave. We plan to meet in April if all goes well and see whether we can come up with a decision. You do not appreciate what the judges are going through,” said Judge Mwita.

Gay rights organisations are asking the court to scrap two sections of the penal code that criminalise gay sex. One section 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”.

Social media was a buzz of activities with many airing their views on this matter.

The ruling of #repeal162 has been postponed 😭😭😭. The bench has not finalized making their decision.
To say we are disappointed would be an understatement

— The Commission (@NGLHRC) February 22, 2019

Love has no gender – compassion has no race nor sex.#Repeal162

— Frank Ganda (@FrankGanda) February 22, 2019

Section 162 of the Kenyas’ Penal code imposed in 1930 criminalizes consensual same sex adult relations. This Friday, the high court gives it’s ruling on #Repeal162 I fully support the repeal. Before you comment/attack, please read 👇🏾 Understand before engaging #Repeal162 pic.twitter.com/3IjZzVVke7

— #MuthoniDrummerQueen (@muthoniDQ) February 20, 2019