Refers to the collective movement behind two lawsuits that seek to challenge sections of the Penal Code that outlaw 'carnal knowledge against the order of nature and indecent acts between males whether in public or private'. These crimes are punishable with up to 14 years imprisonment. While it is not illegal to identify as Lesbian, Gay, Bisexual, Trans* gender or Queer (LGBTQ) in Kenya, laws like this criminalize anyone who identifies under this umbrella of identities.
Petition 150 and Petition 234 have been brought before the High Court by three organizations: NGLHRC, GALCK & NYARWEK. The petitions are asking the court to declare Sections 162 (a) and (c) and 165 as unconstitutional because they violate various constitutional rights. Including, the right to privacy, the right to freedom of expression, the right to health, the right to human dignity and the right to freedom from non-discrimination.
In this case, the petitioners want the High Court to declare that the sections of the Penal Code discriminate against members of the LGBTQI community. By discriminating against members of the LGBTQI community, these laws violate the constitution.
If a law violates the constitution, it is said to be unconstitutional and cannot be applied. This process of removing criminal laws which violate the constitution is called decriminalization.
The joint petition was heard on February 22nd-23rd and March 1st, 2018. The most recent mention was on 25th October, 2018.
22nd February 2019 is when the judgement of #Repeal162 will be given.