In a series of proceedings through 2018, the petitioners argued the laws, as stipulated in the penal codes, violated the right to privacy, freedom of expression, the right to health, human dignity and the right to freedom from non-discrimination. "LGBTQ+ people being able to speak out and be themselves is key, so that people can see that they are just like everyone else, but for who they choose to love", says Braun.
Being dissatisfied with the ruling, the NGO Coordination board appealed this decision, arguing that NGLHRC was "unacceptable", and that it could not register it because Kenya's penal code "criminalizes gay and lesbian liaisons".
After a delayed yet highly-anticipated ruling in the courts, the Kenyan High Court has ruled against decriminalising same-sex relations, to the dismay of gay rights campaigners. RNS photo by Fredrick Nzwili.
Téa Braun, director of the Human Dignity Trust, told PinkNews that the judgment is "very significant for Africa, as it will be worldwide".
"But gay people are just playing victims. They need to be let free to live their lives fully".
One of them is Pastor Katy Kageni of the Sozo Church. Challenges to the laws were also filed by other organisations and LGBTIQ+ people, the court chose to look at all the applications together.
Kenyans who were celebrating the decision immediately bashed him claiming that homosexuality was still a "foreign idea" in Kenya. It also alleged that decriminalization could "open the door" to same-sex marriages. "There is no procreation in gay marriages".
"Now, we have the law, and our families have heard about it and they are starting to open their hearts for us". "So, when we went out in public, we didn't dare to hold our hands to show our affection", said Triwijan, as he monitored a popular LGBT website for updates on the proposed law.
"The ruling sends a risky signal to the other 72 countries, 35 of them in the Commonwealth, where citizens are made "criminals" simply due to their sexual orientation or gender identity", Ms. Braun said in a statement on Friday after attending the court judgment in Nairobi. "The society does not condone extreme liberal ideas such as this one".
LGBTQ community members and supporters listen to a verdict on scrapping laws criminalising homosexuality at the Milimani high court in Nairobi, Kenya, on May 24, 2019.
The Nairobi ruling followed two petitions filed in 2016 by three Kenyan LGBT organisations: theNational Gay and Lesbian Human Rights Commission, theGay and Lesbian Coalition of KenyaandNyanza, Rift Valley and Western Kenya Network. In the meantime, Kenyan LGBT activists and their allies mounted a strong campaign using the hashtag#Repeal162to mobilise support.
What was more challenging to Chuthapun was telling his parents about his sexuality when he was a teenager going to school in the conservative farming community, where more than 90 percent of Thais practice the conservative Theravada Buddhism. The fight to #Repeal162 is a fight for civil liberties. It's about human rights.
The ruling will be widely seen as amajor setbackin the struggle for the rights of sexual minorities in Kenya and elsewhere in Africa.
Mr Gitari says in the petition that the case has nothing to do with same sex marriage, does not seek the legislation of same sex marriage and will not if successful, have effect of mandating or requiring Kenya to recognise same sex marriage.
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