Legal Social Challenges Facing Same Sex-Sexuality in Kenya
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Like many other jurisprudences in Africa, Kenya has had no space for same-sex sexuality. Our legal system has criminalized such activities and promised sanctions to participants. However, same-sex sexuality is no longer a tale, but a reality. Most of the Kenyan youths know of a party to these unions; but for religious; political and cultural reasons their voice is heard from far. This work tries to examine how in a pluralistic democracy should we craft and interpret the law. The author borrows from the south African constitution by way of comparative jurisprudence and tries to relate with the ...
Like many other jurisprudences in Africa, Kenya has had no space for same-sex sexuality. Our legal system has criminalized such activities and promised sanctions to participants. However, same-sex sexuality is no longer a tale, but a reality. Most of the Kenyan youths know of a party to these unions; but for religious; political and cultural reasons their voice is heard from far. This work tries to examine how in a pluralistic democracy should we craft and interpret the law. The author borrows from the south African constitution by way of comparative jurisprudence and tries to relate with the situation in Uganda. Reasons for/against same sex unions have been discussed and given the way forward. The Author is not gay and does not discriminate on their rights.
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