Speaking before a three judge bench, Muite told the court that they will be calling a psychiatrist to tell the court more about sexual orientation and why the government should not regulate matters of intimacy.
In the petition filed by the director National Gay and Lesbian Rights Commission Eric Gitari argues that the sections 162 and 165 are discriminatory and contravenes various provisions of the constitution such as right to equality, freedom from
The Director however says that his petition has nothing to do with same sex marriage, does not seek the legalization of same sex marriage.
orientation,” Muite said.
Gitari further argues that the law criminalizing relevant conduct such as unnatural and grossly indecent, are degrading.
Section 162 states that “Any person who – (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; or(c) permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for fourteen years.
Section 165 states that any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in
public or private, is guilty of a felony and is liable to imprisonment for five years.
The bench also consolidated the case with another petition filed by one John Mathenge and four others who are also seeking the same orders.
The case will be heard on February 22.