The #Repeal162 movement is a part of a long struggle for the recognition and protection of the rights of the LGBTQI community in Kenya. It consists of 2 ongoing court cases: Eric Gitari v Attorney General & another (Petition no. 150 of 2016) and John Mathenge and 7 others v Attorney General (Petition no. 234 of 2016). These petitions ask the court to declare Section 162 (a) and (c) and section 165 of the Penal Code (Cap 63) as unconstitutional, and therefore inapplicable, in Kenya.

We’re joined by Kari Mugo of the National Gay and Lesbian Human Rights Commission (NGLHRC) to talk about #Repeal162 as well as the human rights environment in Kenya for LGBTQI persons.

Resources

The Penal Code (Cap 63)

The Constitution of Kenya (2010): Rights and fundamental freedoms

A powerful protection: using the law to challenge rights violations

Court Compels Ministry of Health to Issue a Response to a Petition Seeking to Repeal Section 162 of the Penal Code

Forced Anal Examinations Appeal Case Judgement handed down in March 2018 at the High Court of Kenya, Mombasa: Civil Appeal No. 56 of 2016

Freedom of Association Case Judgement handed down in April 2015: Civil Appeal No. 440 of 2013

Infographic on #Repeal162: What the case is & isn’t about

Why We Should #Repeal162

Kenya’s LGBT community fights for a place in society

If you say being gay is not African, you don’t know your history

The idea that African homosexuality was a colonial import is a myth

This Alien Legacy: The Origins of “Sodomy” Laws in British Colonialism

Postcolonial Amnesia: The Construction of Homosexuality as ‘un-African’

Report finds homosexuality is part of African life