Expert Witnesses to Testify against Strict Anti-Gay Laws in Kenya

A civil rights group will use expert witness to support its bid to have strict anti-gay laws in Kenya declared unconstitutional.

The experts are expected to argue in support of the group, which seeks to have provisions of the law that declare consensual same sex illegal be quashed.

Appearing before High Court judges on Thursday, lawyer Paul Muite said the group has lined up psychiatrists to explain sexual orientation and why the government should not regulate intimate matters. The experts will present reports to show biological and social conditions that influence a person’s sexual orientation.

The civil rights group, through Eric Gitari filed the petition in court, seeking to decriminalize sections 162 and 165 of the Penal Code, arguing that they are discriminatory and contravenes provisions of the Constitution such as right to equality, freedom from discrimination, human dignity, freedom and security of the person and right to privacy.

Section 162 states: “Any person who has carnal knowledge ... against the order of nature; or has carnal knowledge of an animal; or permits a male to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for 14 years.”

Section 165 reads that "a man who commits any act of indecency with another man, or procures a man to commit indecency with him, or attempts to procure the commission of any such act with himself or with another male may be jailed for five years."

The case has been merged with a similar one by John Mathenge and four others and will be heard by Justices Roselyn Aburili, Chacha Mwita and John Mativo.

The Kenya Christian Professional Forum, through its lawyer Charles Kanjama, has said it will also call two witnesses to give a divergent opinion.

“The petition only concerns criminalization and punishment of a section of society on account of the fundamental characteristic of sexual orientation,” Muite told the judges.

Mr Gitari is the director of National Gay and Lesbian Rights Commission in Kenya.

The case will be heard on February 22nd.