Gays case: Judges praised for being mindful of Kenya’s future

Kenya’s Christian professionals have welcomed yesterday’s High Court ruling against gay rights activists, saying it will shape the country’s future.

By Francis Ayieko
Kenya’s Christian professionals have welcomed yesterday’s High Court ruling against gay rights activists, saying it will shape the country’s future.
In a statement, the professionals, under the Kenya Christian Professionals Forum (KCPF), said the verdict, which upheld sections of the penal code that make sex between people of the same gender criminal, would protect the social fabric of the society.
The case was filed by Eric Gitari, the director of the National Gay and Lesbian Rights Commission in Kenya, and several other lesbian, gay, bisexual transgender and intersex groups, and sought to decriminalise sections 162 and 165 of the penal code.
But yesterday, a three-judge bench comprising Justices Roselyn Aburili, Chacha Mwita and John Mativo, dismissed the case saying declaring the sections illegal would open the door to unions by people of the same gender, contrary to Article 45(2) of the Constitution, which only recognises marriage between two people of the opposite sex.
In its statement released shortly after the ruling, KCPF praised the judges as mindful of the future of Kenya’s social fabric.
“Today’s judgment has demonstrated the Judiciary’s commitment in protecting the integrity of the social fabric of our society that is woven into the institution of marriage between people of opposite sex as enshrined in Article 45(1) and (2) of the Kenyan Constitution,” said the statement signed on behalf of KCPF chairperson, Anne Mbugua.
The Christian think-tank said homosexuality was a sexual perversion that was harmful to the individual, family and the society.
“Biologically (in nature and as created by God), sexual intercourse is a delivery system of the male seed into the woman’s body with its natural end being companionship or unity of the spouses and procreation. Any sexual experience that deviates from this basic truth is therefore disordered. For that reason, same-sex relationships are naturally disordered,” said the statement.
The organisation was enjoined in the case, with Charles Kanjama leading the legal team that represented KCPF and the Christian community at large.
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