Homosexuality in an African concept; a study into the decriminalization of homosexuality in Kenya

Abstract

The paper brings to light the notion that Kenya’s anti-sodomy laws are unconstitutional and incompatible with international human rights instruments. In relation, the paper looks at the constitutional approach to decriminalization of same sexual conduct and the manner that it can be interpreted and applied to advance a case for decriminalization. Desktop research methodology is used to look at various theories in relation to decriminalization of homosexuality, the position of LGBTIQ rights in the international sphere and in addition, progressive interpretation of the constitution to potentially decriminalize anti-sodomy laws.