Members of gays and lesbians community won big in Africa yet again following the ruling by a High Court in Gaborone which scrapped anti-gay laws on Tuesday, reports the Nation.

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Judge Michael Elburu "set aside" the "provisions of a Victorian era" and ordered the laws be amended.

But on Tuesday, Judge Elburu stressed that the country's highest judicial body took the matter deeply seriously.

"Sexual orientation is human, it's not a question of fashion," he said. "The question of private morality should not be the concerns of the law."

The ruling came after years after an anonymous person moved to court to challenge the penal code in which people engaging in same sex relationships would be jailed up to seven years.

"There's nothing reasonable in discriminating," he said."We say the time has come that private, same sexuality must be decriminalised. It is a variety of human sexuality," he said.

The ruling has brought about the end of politics surrounding the controversial homosexual relationships. Already, South Africa, Angola, Mozambique, Verde, Seychelles are some of the countries in a conservative Africa which have dicriminised same sex marriages.

But in Kenya, High Court dismissed an application by LGBT activists who had moved to court to challenge ban on same sex marriages and relationships in May this year.

"We hereby decline the relief sought and dismiss the combined petition," Justice Roselyn Aburili told a packed courtroom in Kenya's capital Nairobi, relaying the unanimous opinion of the three-justice panel.

"We find that the impugned sections are not unconstitutional, accordingly the combined petitions have no merit."