This archive report was first published on 27 November 2019.
On November 27, 2019, the National Gay and Lesbian Human Rights Commission (NGLHRC) filed an appeal at the Court of Appeal in Kenya, following the High Court's ruling in May 2019 that quashed their bid to decriminalize homosexuality.
According to NGLHRC, the organization has been engaged in consultations with petitioners, interested parties, legal teams, and other stakeholders to strategize around the next phase of litigation.
NGLHRC had argued that under Kenya's 2010 Constitution, every person is equal before the law, and that the criminalization of homosexuality is a violation of this principle.
However, the High Court Presiding judges, Roselyne Aburili, Chacha Mwita, and John Mativo, ruled that Section 162 (a) and (c) of Kenya's Penal Code, which criminalizes homosexuality, is clear and should be upheld.
The court also rejected the petitioners' argument that the continued criminalization of homosexuality would lead to further stigmatization of the LGBTQ community.
