What is Repeal 162?
This is 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 were brought before the High Court by three organizations: NGLHRC, GALCK & NYARWEK. The petitions asked 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.
On the 24th of May 2019, the High Court dismissed our petition. In their decision, the three judge bench -Lady Justice Roselyn Aburili, Justice Chacha Mwita and Justice J. Mativo-found that the petitioners failed to convince the court that the clauses were used to discriminate against the sexual and gender minorities. The bench insisted that the clauses did not, in fact, discriminate against sexual minorities or violate their constitutional rights to privacy and equality. In a unanimous decision, the three judges averred that the sections were not particular to LGBTIQ+ persons, that they were a block, covering anyone who engaged in un-natural act, and that constitutional rights to privacy and dignity are not absolute. Read full ruling here.
We are appealing the judgement! And we need your support in sustaining this fight, in and out of court.
How do you support us?
Financial support- Strategic Litigation is not cheap. Please consider donating towards our cause.
Speak out - Be the voice, be an active ally. Speak out against violence, discrimination and any Human Rights Violation against LGBTIQ+ persons.
Donate in Kind - your services, expertise pro-bono.
Reach out, talk to us.
CIVIL ORGANIZATIONS BACKING
#Repeal162 is backed by dozens of civil society organizations that believe in the equality of LGBTQI individuals.
YEARS FIGHTING THE GOOD FIGHT
The #Repeal 162 case has been in the corridors of law for 4 plus years.
THOUSANDS OF INDIVIDUALS WHO BELIEVE
In the dream of equality and fairness for all.