Kenya: Landmark Decriminalise Same Sex Case #Repeal162

By February 12, 2018Kenya, News
Exciting news from Kenya from the National Gay and Lesbian Human Rights Commission: #Repeal162
In 2013, the National Gay and Lesbian Human Rights Commission (NGLHRC) embarked on an arduous strategic litigation journey that began when we sued for our right to register as a non-governmental organization. We came up against the opposition of Kenya’s NGO Board, the Attorney General and an organized religious front that attempted to curtail our constitutional rights.
We won that case and established that sexual and gender minorities are protected under Kenya’s 2010 Constitution.
Five years later, NGLHRC continues its work in public interest litigation with its most important case to date. In January, our case seeking to decriminalize consensual same sex received a mention at the High Court and was granted a hearing date. On February 22nd and 23rd this petition, challenging the constitutionality of Sections 162 a), c) and 165 of the Penal Code, will be heard in front of a three judge bench. If successful, the petition has the potential to drastically change the lives of many in Kenya’s LGBTIQ community by removing an outdated law used to criminalize, discriminate, harass and extort them.
All eyes will be on Kenya during this historic hearing.
2018 is also set to be the year that NGLHRC receives judgements on its two other strategic litigation cases, currently in the appeals phase:
• Petition 51 of 2015: Freedom from cruel, inhuman and degrading treatment under Article 25 of the Constitution of Kenya heard this week is set to receive a judgement on March 15th, 2018.
• A hearing date for our registration case, Petition 440 of 2013: Freedom Of Association Under Article 36 of the Constitution of Kenya is scheduled to be heard on the 15th of March 2018.
Landmark cases like this do not come cheap. By far, the costs of strategic litigation are our biggest financial burden year in year out. But cases like these not only change lives but also rewrite history. The impact of this kind of work is something NGLHRC, our partners and our community believe strongly in.
Which is why we need your support.
What we need:
1. DONATE: All of February and March we will be fundraising to offset our litigation costs with the goal of raising a million shillings. We know we can do this with your help. To donate, visit our M-Changa page.
[As an added bonus, the first 30 donations of Ksh 5,000 and above will receive a free NGLHRC coffee mug and sticker as a thank you (delivery within Nairobi).]
2. SHARE: Tell your friends, family and co-workers about us. Give the people in your life who support LGBT rights an opportunity to make an impact.
3. SPREAD THE WORD: Talk about our case. Follow us on Facebook, Twitter and Instagram and participate in our #Repeal162 campaign.
As always, we couldn’t do this work without you.