The court heard submissions from the interested parties that oppose the petition. Kenya Christian Professional Forum, Muslim Society and Senator Kang’ata informed the court that sexual conduct of the LGBT individuals expose harmful behaviour, that culture is the foundation of the Kenyan state and impugned provisions violate the cultural and moral fabric of the Kenyan society. Further, they submitted that the Kenyan constitution does not include sexual orientation, as a ground of discrimination thus sexual orientation is not a protected ground in the constitution.
In response to the interested parties submissions, the petitioners inter alia reiterated KELIN’s submissions that the Ministry of Health has admitted the existence of legal barriers in accessing HIV care and prevention for men who have sex with men and the need to decriminalize the laws creating the legal barriers. They particularly urged the court to be guided by the Kenya AIDS Strategic Framework 2014-2019, relied on by KELIN in its submissions to guide a wholistic interpretation on the right to health.
The Petitioners also clarified to the court that the petition was not about legalization of the same sex marriages, but on enforcement of fundamental human rights and freedoms of sexual minorities as stipulated in the Bill of Rights.
The Court will now mention the case on 26 April 2018 to give a date for judgment. It shall also confirm whether the Attorney General would have filed the affidavit as ordered on 23 February 2018, providing comments on key policy documents relied on by KELIN.
To contribute to the discussion and for live updates follow KELIN on our social media platforms: Twitter: @KELINkenya and using hashtag #Repeal162
Court Documents
For more information contact:
Carolene Kituku
Advocate and Human Rights Counsel
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road Tel +254202515790;
Email: ckituku@kelinkenya.org
