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Kenya Upholds Ban on Gay Sex

Kenya

A stunning loss for activists fighting to make a historic change. 

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Kenya's High Court has finally delivered its ruling on a potential reversal of a colonial ban on gay sex by upholding the archaic law.

Kenya's laws against "gross indecency" between adult men dates back to its days as a British colony; such laws are still on the books in about two-thirds of the British Commonwealth.

In its ruling, Kenya's high court found that Sections 162 and 165 of the nation's penal code do not violate the rights to non-discrimination, health, a fair trial, security of the person, freedom of conscience, religion or belief, human dignity or privacy.

"This is a huge setback for human rights in Kenya," said Tea Braun, Director of the Human Dignity Trust. "The Human Dignity Trust wishes to show its solidarity and commiserate with the Kenyan activists and lawyers who have tirelessly sought justice for LGBT people through the courts.

All Kenyan citizens are guaranteed human dignity, equality before the law and freedom from discrimination under the 2010 Constitution. Yet in handing down this disappointing judgment, the Court has ruled that a certain sector of society is undeserving of those rights.

The ruling sends a dangerous signal to the other 72 countries, 35 of them in the Commonwealth, where citizens are made 'criminals' simply because of their sexual orientation or gender identity.

We hope that Kenya's appeal courts will see fit to reverse this regressive decision in due course."

This story is developing and will be updated here...

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