This archive report was first published on 16 December 2019.
On a daring initiative, members of the Kenyan lesbian, gay, bisexual, and transgender (LGBT) community have successfully hoisted a rainbow flag at the peak of Mt. Kenya, a move that has sparked both hope and controversy.
As part of the #ClimbforJustice initiative, human rights activists aimed to raise funds for a safe house for Human Rights Defenders (HRDs) in Kenya.
However, the move comes at a time when the Kenyan LGBT community is still reeling from a High Court ruling in May this year, which declined to decriminalize gay sex in Kenya.
High Court judges Roselyne Aburili, Chacha Mwita, and John Mativo ruled that Section 162 (a) and (c) of Kenya's Penal Code clearly states that homosexuality is illegal in Kenya, dismissing the petitioner's claims that the community would continue to be stigmatized if homosexuality remained a criminal offense.
According to the court, 'There is no basis upon which the court can say they [LGBTQ community] will be discriminated against. We, [therefore], dismiss the case that they will be discriminated against. Stigma is not exclusive to the LGBTQ community. Everyone has the right to access health.'
Despite the setback, the National Gay and Lesbian Human Rights Commission (NGLHRC) has indicated that it will appeal the ruling at the Appeals Court.
