A Kisumu priest is among a group that is fighting for the rights of homosexuals in the country.
Pastor Mark Odhiambo together with five homosexuals, the Gay and Lesbian Coalition of Kenya and the Kenya Human Rights Commission on Thursday filed a petition at the High Court in Kisumu seeking protection of gays and lesbians.
They claim homosexuals are subjected to rape, arbitrary arrests, eviction and even public attacks.
Through Otieno and Ogola Company Advocates, they want section 162 and 165 of the Penal Code, which outlaws private and consensual sex between adults of the same sex, declared unconstitutional and the rights of sexual minorities protected.
“This case seeks declaratory orders to interpret the Constitution vis-a-vis certain provisions which ought to be impugned since they violate their rights,” said Otieno.
“The law enforcers have been subjecting gays, transgender and bisexuals to inhumane, degrading treatment,” he added.
They now want an order declaring that sexual and gender minorities are entitled to the highest attainable standard of health including the right to health care services as guaranteed in Article 43 of the Constitution.
Further, the petitioners want the State ordered to develop policies and adopt practices prohibiting discrimination on grounds of sexual orientation and gender identity.
Justice George Odunga certified the petition as urgent and directed that the file be forwarded to CJ Willy Mutunga to constitute a bench to hear it.