The Botswana Network on Ethics, Law and HIV/AIDS (BONELA) on Tuesday expressed concern at the decision by Kenya’s High Court to reject a petition calling for the decriminalisation of same-sex relationships.
In a statement, the Botswana civil society organisation said it was “disappointed on the unanimous decision of the three justice panel that recently declined the petition to decriminalise gay sex in Kenya.”
According to BONELA, rights cannot be trampled upon in the name of cultural values, especially in a country that purportedly guarantees its citizen’s right to equality, dignity, privacy freedom from discrimination as well as the freedom of expression.
“This judgment has successfully reduced Kenya’s gay people to second class citizens,” BONELA said.
The organisation added that it hoped that “the petitioners would appeal this decision and that the court of appeal would be more progressive in its ruling.”
The Kenyan High Court on 24 May upheld laws that criminalise same-sex relationships between consenting adults.
The court was addressing a petition filed in 2016 by three Kenyan organizations that work to protect the rights of lesbian, gay, bisexual, and transgender people.
The groups had argued that the criminalization of same-sex conduct under Articles 162 and 165 of the penal code violated the rights to equality, non-discrimination, human dignity, security, privacy, and health, all protected under Kenya’s constitution.
KO/jn/APA