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HOMOSEXUALITY: Human Rights, Identity versus Penal Sanctions: – Reality or Perception? Constitutionality of Sections 162 (a) (c), 163 and 165 of the Penal Code ~ An Opinion by Wallace Nderu

 AN OPINION BY Wallace Nderu,  Nairobi 16 Jan 2018

I traverse on very thin ice as I put this opinion together. It is well pasted and clear at the back of my mind that there has been pandemonium on matters touching on LGBTQ not only here in Kenya and the African Region but also the world over. Anything touching on this subject provokes different reactions, there are those who are pro and there are those who cannot entertain such a thought. The world over, men and women have had to pay the ultimate price and that is lose their lives, fighting for the rights of many others, that they may be enjoyed freely.

The majority of persons who dwell within the boundaries of the African continent remain conservative around the issues of LGBTQ, so conservative that laws were enacted criminalizing ‘homosexuality’. To them, this is a grave sin worse than adultery, murder and many others, if asked, all persons who fall within the LGBTQ spectrum, should be executed like the ‘vermin’ they are.

Religion, traditions and culture, have been the fulcra upon which loathe of homosexuality have been anchored. They have been used to persecute, discriminate and prejudice the persons who have freely stated their orientation, embracing and accepting it and being authentic, in my opinion, to themselves and the world. The Bible, the book that conveys the good news of the Lord, has been used as a weapon to castigate persons based on their sexual orientation. The story of Sodom and Gomorrah being the bomb that detonates at the mention of these issues. There have been and continues to be opposition propelled against fellow human beings in the fight for their rights. This is ‘un-African’ as the majority proclaim.

Many countries in Africa still criminalize homosexuality, with crude methods of punishment being the weapon used to deter the many who fight for a cause. They have been used to silence the voices of the unwavering hearts and determined souls to ensure that all human rights regardless of the orientation are upheld, safeguarded and respected. This is the hallmark of human dignity, the corner stone in any democratic setting. Violence, imprisonment and even death have been the stones on the sling shot that is the continent and its people, aimed at the many men and women who are ‘different’ and, just like Goliath, these stones, sadly, have brought them down. This is uncalled for.

It is sad, in my opinion, that human rights have been a song caroled over the years, leaders or their representatives have met in high level meetings and penned their signatures on conventions and protocols aimed at promoting, safeguarding and upholding human rights. The reality on the ground is that, this does not happen, they forget as soon as they down the last drop in their cocktails. If the rights of every individual are respected, I believe that as a universe we would live so much better.

Kenya is no exception to the list of countries that criminalize ‘homosexuality’. Well pasted in the Penal Code are offences titled ‘unnatural offences’ how unnatural they are is left to the interpretation of the diverse humans who roam Kenyan soil and call it home. Though no one in this beautiful country has ever been convicted of these offences, it still remains among the sections of the Code. This has been used to the disadvantage of many where death, threat of life, extortions, abuse and violence have been the offspring’s of this ‘outdated law’. For how long? This is the question that lingers but no one dares answer it.

A brief History

In England, male ‘homosexuality’ had been illegal since the ……>>> DOWNLOAD FULL ARTICLE TO READ MORE>>>>>>>>>

 

DISCLAIMER: The views, information, or opinions expressed in this article are solely those of the writer and do not necessarily represent the official policy or position of ICJ Kenya.

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