Analysis of anti-homosexuality laws in Kenya The debate on constitutionality and prospects of decriminalisation

Abstract

In the last couple of years, the LGBTIQ community has been vocal about their rights and against discrimination that they suffer as a result of the criminalisation of homosexuality in Kenya. On a global basis, more countries, including a select few African states, have begun to recognise the human rights importance in decriminalising anti-homosexual laws and further securing the rights of LGBTIQ individuals in their National laws. In the wake of this, members of the LGBTIQ community filed petitions in court challenging the constitutionality of those laws, albeit unsuccessfully. This study has undertaken to establish the court’s rational for upholding these anti homosexuality laws in Kenya, some of the prospects of decriminalising same sex conduct constitutionally, some of the challenges that this exercise may face as well as the implications of decriminalising homosexuality in the event Kenya were to venture in that direction in light of the international human rights position on anti-homosexuality laws