Renowned US based human rights activist and lawyer professor Makau Mutua has condemned the High Court for ruling against gay sex.
On Friday, three High Court Judges sitting in Nairobi declined to decriminalize sections of the Penal Code that makes it illegal to have consensual same sex in Kenya.
Judges Roselyn Aburili, Chacha Mwita and John Mativo dismissed the petition filed by the Lesbian, Gay, Bisexual and Trans-Gender (LGBT) activists to have section 162 of the penal code repealed to allow for gay sex.
In a tweet, Professor Makau faulted the Judges for dismissing the petition by the activists.
I condemn the decision in the Kenyan gay rights case. The judges got it plainly wrong in law, fact, and the science. The Court of Appeal should reverse. Judges mustn’t be Neanderthals," he tweeted.
While making the ruling, the Judges said declaring the section illegal would create conflict in the constitution which states that marriage is between a man and a woman.
The High Court ruling on the matter has elicited debate, with LGBT activists now saying that they will appeal the ruling at the Court of Appeal.