Decision prompts anger as high court asks for more time to consider evidence

This article is more than 1 year old

This article is more than 1 year old

Judges in Kenya have postponed a long-awaited landmark ruling that could have led to sex between men or between women decriminalised.

The attempt by LGBT campaigners to have colonial era legislation struck out has been closely watched by activists across Africa.

But Justice John Mativo said on Friday that the high court needed more time to consider the evidence. The judgment will now be given in late May.

The delay prompted anger and disappointment among campaigners who gathered to hear the decision in Nairobi, the Kenyan capital.

Kenya to rule on gay rights as African neighbours look on Read more

“I just wish the excuse was better. People’s lives are hanging on the line. Justice has been delayed, but it has not yet been denied,” said Yvonne Oduor, a campaigner.

Lawyers representing gay and lesbian associations have argued laws punishing “unnatural” acts with sentences of up to 14 years in prison contravene Kenya’s progressive constitution. There has been opposition from church groups who claimed homosexuality was a “perversion” and “unAfrican”.

LGBT people face systematic harassment and discrimination in a number of African countries, in many of which gay acts are illegal.

“Decriminalisation is just one percent of the struggle. Society is really homophobic. Being legal is not enough. We have to be safe too,” said Marylise Biubwa, a social justice activist.

Frank Mugisha, a campaigner for gay rights in Uganda, said before the ruling that a positive result would encourage other countries to follow Kenya’s path. Angola recently decriminalised homosexual sex and courts in Botswana will decide on the issue next month.