The High Court in Nairobi will on Friday make a landmark ruling on a case seeking legalization of homosexuality in the country.
The Lesbian, Gay, Bisexual and Transgender (LGBT) activists filed the case challenging colonial-era laws that criminalized homosexuality.
The petitioners are seeking the courts nod to declare the laws unconstitutional saying that their constitutional rights are being infringed.
In the case filed in 2016, the LGBT activists want the High Court to declare sections 162 (a) and (c) and section 165 of the penal code unconstitutional.
They argue that the laws violate their right to privacy, right to freedom of expression, right to health, right to human dignity and the freedom from discrimination.
The activists further claim that the law has fueled homophobia against them for decades.
In March, High Court Judge Chacha Mwita postponed ruling on the case citing workload.
Otsieno Namwaya, a researcher at a Human Rights Watch who spoke to Citizen Digital says that the laws which date from 1930 infringes on LGBT rights and deny them access to protection.
“Even as Kenyans own constitution outlaws discrimination of any kind, so it is illegal to allow discrimination on the basis of religion, on the basis of tribe, on the basis of sexual orientation,” Namwaya told Citizen Digital.
The issue of homosexuality has often elicited divided opinion and debate among Kenyans, politicians, civil rights groups and even religious leaders.