FALSE: Kenya has not legalized gayism and lesbianism

Written by on March 7, 2023

A post claiming that Kenya has legalized homosexuality is FALSE and misleading

A facebook user made a post  claiming that Kenya has officially legalized Lesbianism and Gayism citing that this was a faster move than what the country can currently hold.

This follows a supreme court ruling that was made about the freedom of the Lesbian, Gay, bisexual, Transgender and Queer (LGBTQ) community on the 24th of Feb 2023.

However, a scrutiny into the court’s ruling contradicts the above post and reveals a misinformation.

The ruling was specifically talking about freedom of expression and association to the community which is their right just as it is a right to all Kenyan citizens as stipulated in article 36  of the constitution.

This freedom gives every Kenyan the right to form and register an organization and the court through the ruling gave a go ahead for the community to register LGBTQ as a Non- Governmental Organization (NGO).

A section  of the ruling courtesy of citizen digital article  read as follows .…”It would be unconstitutional to limit the right to associate through denial of registration of an association purely based on the sexual orientation of the applicants,”

This therefore means that the ruling did not change or go against any law concerning homosexuality which is still illegal as per the law Penal Code 1930, Section 165 Indecent Practices Between Males   that states as follows.

“Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.”

We would therefore wish to state that the statements in the above post are false and misleading.

This Fact-Check was published by  Sky Fm

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