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Episode 103: Otherwise? Live - LGBTQI+ Organizing in Kenya

Otherwise?

Release Date: 06/06/2019

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In our second live recording, we're joined by Njeri Gateru, Lorna Dias and Pastor David Ochar to discuss LGBTQI+ organizing in Kenya in light of the High Court ruling on the decriminalization of same sex conduct.

On May 24th 2019, the High Court ruled against two petitions filed against the Attorney General of Kenya in his capacity as the government’s legal advisor: Petition 150 of 2016, and Petition 234 of 2016, which had been consolidated by the court due to their similarity. The petitions sought to repeal Sections 162 (a) and (c) and 165 of the Penal Code because they are unconstitutional on grounds of vagueness and uncertainty. The petitioners also stated that the sections violated Articles 27, 28, 29, 31, 32 and 43 of the Constitution of Kenya.

What is the environment/background in terms of organizing that brought us to this point? Why this, and why now? Why is it that the greatest strides the community has made towards equal rights and freedoms have been in the courts? Given the court ruling, and the fact that the judicial process in Kenya tends to take many years, how can we augment judicial action with organizing within the society/various communities? How is this currently happening? How do we respond to people who claim that same sex conduct or relationships are against religion? How about those who say they are unAfrican? What are the ways in which allies in Kenya, and around the world, can support LGBTQI+ organizing here? And, what will LGBTQI+ organizing in Kenya look like in the future? Press play to find out!

Resources

Petition 150 & 234 of 2016 (Consolidated)

The Constitution of Kenya (2010)

The Penal Code (CAP 63)

Petition 266 of 2013

Petition 440 of 2013

Judicial Review 147 of 2013

Petition 51 of 2015

Civil Appeal 56 of 2016

India's Ruling on the Repeal of Section 377 of their Penal Code

The Wolfenden Report - Summary

The Wolfenden Report - Conclusion

Letter from Birmingham City Jail

Boy-Wives and Female Husbands: Studies of African Homosexualities

Episode 64: Repeal 162

Episode 59: Rafiki

Episode 83: Separation of Church and State

Before Straight and Gay

A Theory of Scandal: Victorians, Homosexuality, and the Fall of Oscar Wilde

Image Credit: Kanga Love TRTL