The Kenya Human Rights Commissions (KHRC) wishes to express shock and dismay at the judgment enter in the Consolidated Constitutional Petitions 150 and 234 of 2015.The petitioners who included ourselves sought a determination of the court on constitutionality of making criminal sexual activities among the members of the LGBT community and other persons.
In its judgment, rather than avail protection and reprieve to the historically marginalized group of lesbians, gays, bisexuals and transgender persons as well as other queer and non-binary persons, the High Court instead chose to delegitimize them and their existence and reduced fundamental issues of dignity, equality and non-discrimination to morality issues, thus exposing an already-vulnerable group to increased stigma, discrimination and violence.
Over the years, the KHRC has documented the violations of the LGBT+ community on account of the real or perceived gender identity. In 2011, the KHRC published a report, Outlawed Among Us, which captures all the challenges posed by the sexual act of the LGBT+ communities being criminalized. Armed with such evidence, and aware of the lived experiences of the LGBT+ community, we cannot help being saddened and shocked by this decision under our current Constitution.
The KHRC commits to continue its pursuit of equal protection of fundamental rights and freedoms of all persons including those of the LGBT+ community. In the meantime we urge all Kenyans to exercise consideration for others, regardless of biases based on religion, culture or personal preferences and restrain from any acts of hate.