The LGBT community has been dealt a major blow after the High Court declined to repeal sections 162 of the penal code which criminalises gay sex.

The community wanted the court to decriminalize consensual same sex but Judges Chacha Mwita, Roselyne Aburili and John Mativo in a unanimous decision declined.

“The Court holds that the impugned provisions of the Penal Code are not vague and disclose an offence. The petitioners have failed to prove that the provisions are discriminatory. There is no evidence to show that the petitioners were discriminated and their rights violated as they sought healthcare,” Mwita said.

The ruling had been postponed to today over challenges with the bench of judges.

Justice Chacha Mwita who addressed the court on Friday last week said the judges have had challenges in writing the ruling.

“You may not like the news I have today. We are still working. One of our colleagues is still on leave. We ask you to give us up to May,” he said.

The challenges involve the huge volumes of files that were sent on hard copies instead of soft copies by the parties.

Mwita apologised on behalf of the three-judge bench. He said most of the judges were in other benches so getting them together has been a hard task.

He noted that the only time they can meet is from April.

On Monday, May 20 the Kenya National Commission on Human Rights asked the Nairobi Police Commander asking for extra security.

KNCHR head of complaints Kamanda Mucheke said the sensitive nature of the case required police to increase security. He cited the “emotive nature of this matter and the high public interest in the outcome.”

The case was filed in 2016 by three organisations seeking to repeal Sections 162 and 165 of the colonial-era penal code, which criminalise sexual acts between persons of the same gender.

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