You do not appreciate what the judges are going through. 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 Another provides for a five-year jail term for "indecent practices between males". On social media, Kenya's LGBT community and its allies had been anxiously counting down the hours to the ruling. The bench has not finalized making their decision.
To say we are disappointed would be an understatement. Prominent Kenyan commentator Patrick Gathara slammed a "sad, sad day" for the judiciary, describing the postponement as "ludicrous".
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Activists believe Kenya has a chance to blaze a trail in Africa where homophobia is virulent in many communities , with similar laws in over half the countries on the continent. While convictions under the decades-old laws are rare, gay activists say the legislation is unconstitutional and fuels homophobic persecution. Imani Kimiri of the NGLHRC's legal team told AFP news agency her office dealt with 15 prosecutions under the laws in , but could not recall the last conviction - slamming the process as "just a frustrating endeavour".
History of homosexuality
The petitioners argue that under Kenya's constitution, every person is said to be equal before the law. However, the disputed sections of the penal code contradicted it.
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Those who are blackmailed, evicted, fired, expelled from school, or assaulted over their sexual orientation, are unable to access justice because it means "confessing to a crime", said Eric Gitari of the NGLHRC. Did it involve kissing, cuddling, masturbation, oral sex, anal sex? Did it happen with a boyfriend, spouse, stranger, or sex worker? Was it in a car, a home, a club?
Were condoms used?
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The results: Despite the popular perception, "sexual behaviors involving the anus were least common," researchers found. By contrast, only 36 percent of men reporting receiving anal sex and 34 percent of men reporting giving it. Half of participants who engaged in anal sex employed a condom. When blood screeners ask men if they've ever had sex with another man, what do they mean? Though the U. This study suggests that many gay men are not even regularly engaging in anal sex, the sexual activity that puts them at greatest risk of disease transmission. When they are, many of them use protection.
If they do it with a man who also sleeps with men, they'll only be barred from donating blood for one year. Gay rights advocate Peter Tatchell has argued that blood donors ought to be treated as individuals, not sexualities. He suggests that eligibility questionnaires "be made more detailed for men who've had sex with men, in order to more accurately identify the degree of risk.
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