Kenya’s top court considers case to legalize homosexuality

Kenya’s High Court began hearing a case that may decriminalize homosexuality.

It’s a significant step in East Africa, where homosexuality is illegal in almost every country in the region and in 38 countries in total across the continent, according to Amnesty International.

“The fact that we are being heard is an indicator that our democracy has come of age,” said Eric Gitari, a Harvard-educated lawyer and founder of the National Gay and Lesbian Human Rights Commission, one of the organizations which brought forward the case in 2016.

The case opened Friday in a crowded Nairobi courtroom. The judges had to change to a different room to accommodate the large crowd.

“The judges know the entire world is watching,” Gitari said.

Katlego Kolanyane-Kesupile and Adong Judith are allies in the fight against homophobia in African countries.

Related article How two female playwrights are risking their lives fight homophobia in Africa

Kenyan law currently prohibits “carnal knowledge against the order of nature,” labeling it a felony that is punishable with 14 years in prison.

The case argues that this law, which can be traced to British colonial law from the turn of the century, is unconstitutional.

“We are hopeful,” Gitari said. “The judgment is going to give guidance to countries across Africa. It’s going to encourage activists in so many African countries, it’s going create a ripple effect.”

Uganda clerics: Is gay OK? —

"Why should we want to kill homosexuals for doing something in private that affects no one else? Our job is to love them, to bring them close and show them God's love."
Reverend Fred Komunda, St. Peter's Church, Church of Uganda

Uganda clerics: Is gay OK? —

"Homosexuality is abnormal, and we have to do anything we can to stop it. These people need to repent, need to feel guilty, need to feel that they have sinned."
Imam Sheikh Ahmed Lubega, Kololo Jamia Mosque

Uganda clerics: Is gay OK? —

"Homosexuality is something that can be corrected. No one is born gay, circumstances force people into it. I don't believe that God would create something so disoriented."
Reverend Father Christopher William Kiwanuka, St. Peter's Parish Church

Uganda clerics: Is gay OK? —

"Sometimes, people make poor choices. We have a church disciplinary council that will form to address those who have violated our standards of morality, and we withdraw privileges while they begin the process of repentance. For those who are rebellious and refuse to repent, they may be excommunicated and removed from the church."
Jimmy Carter, Kampala Uganda Church of Jesus Christ of Latter-day Saints

Uganda clerics: Is gay OK? —

"Religious leaders are here to shape the world. Everyone listens to them, everyone looks up to them. And we need to listen to all of our people, not just the ones we think are most righteous."
Rachman Nagwere, Kampala Jewish Synagogue

Uganda clerics: Is gay OK? —

"You can be gay and you can be a Christian. It is your choice to come to the church and talk about salvation."
Reverend Ruth Galimaka, St. John's Kamwokya, Church of Uganda

Uganda clerics: Is gay OK? —

"When we come to the temple, we are just thinking about religion and nothing else. We are expats here, and because we're here we will always respect this country's laws. But the more you discuss this law, the more it is going to become a big issue."
Derang Shah, Jain Samaj Uganda

Uganda clerics: Is gay OK? —

"The bible says homosexuals are sinners, just like thieves and prostitutes. But as Christians we have to love them and help them. Discriminating against them will not change anything."

"I have over 100 homosexual and lesbian friends on Facebook. I use it to talk with them and point them to Jesus. We have to welcome these people into our community."
Brother Martin Walugembe, Grace Church Ntinda

Uganda clerics: Is gay OK? —

"People need to be really taught about homosexuality first before they make up their minds about the law. I haven't heard enough about them, so I don't want to give my opinion because I don't know the facts well enough yet."
Pastor Emmanuel Wambala, Holy Temple Church

Uganda clerics: Is gay OK? —

"The government can't justify what is right and wrong. My law is the bible."

"I found out that a high school friend is gay. If he was willing to have an honest conversation with me, I would want to understand how he got there. If he says he was born that way, it would help me understand."
Pastor Dennis Kilama, Lugogo Baptist Church

Uganda clerics: Is gay OK? —

"If they must be homosexuals, let them do it as privately as possible. It's a shameful thing -- let them be ashamed, let them find Jesus."

"I take a Christian stand, but the idea of spending all my time as a specialist in fighting the gay movement -- no, that is not my calling."
Pastor Stephen Patrick Achillah, Deliverance Church

Uganda clerics: Is gay OK? —

"If the West would stop putting so much pressure on Uganda and let us evolve for ourselves, I think our outlook could change."
Murungi Mukuru, St. John's Kamwokya, Church of Uganda

Uganda clerics: Is gay OK? —

"We pray for love, we pray to be a better part of our community, but above all else we emphasize tolerance and unity. All of the different religions are just chapters in one big book. We cannot chase you away for having different beliefs."
Moses Kasule, Mother Temple of Africa

Uganda clerics: Is gay OK? —

"Spiritually, it is against God's will. God created a man and a woman for reproduction. That is how we sustain humanity. If homosexuality continues, the human race will be wiped out."
Ibrahim Kagolola, St. Paul's Church Kiwuliriza

Uganda clerics: Is gay OK? —

"Today you say you hate gay people, tomorrow God will give you a gay son. And what will you do then? Hate him? You have to work with people who have different beliefs."
Hassan Kimbugwe, Kabalagala Islamic Center Kassam Mosque

Uganda clerics: Is gay OK? —

"I've never talked to a gay person, but I would like to be friends with one to learn more and help him understand that his actions are disobeying God."
Eddie Damba, Christ Centered Church

Uganda clerics: Is gay OK?

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Activists say that laws that prohibit homosexuality lead to the harassment, abuse and discrimination of the LGBT community.

“The case before Kenya’s High Court seeking to decriminalize consensual same sex conduct is of monumental significance for Kenya and beyond,” Neela Ghoshal, senior researcher in the LGBT Rights program at Human Rights Watch, told CNN.

“A positive ruling would affirm that same-gender loving Kenyans are just as deserving of equality, privacy and dignity as anyone else. “

“The courageous Kenyan activists and ordinary people who brought this case are a model and an inspiration to LGBTQ people and their allies throughout Africa.”

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In 2016, Kenyan courts ruled that forced anal testing of men was constitutional, and could be used as evidence in a trial of men accused of homosexuality.

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