Regulating Same Sex Marriages In Kenya & Its Socio – Political Impact

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This paper seeks to draw a projectory glance to the future of same sex marriages in the Kenyan Context. Same sex relationships leave alone the marriage, is a contentious issue in the world today. The American society is the major pioneer of the enactment of the legislation that supports same sex partnerships and marriages. This mirrors the status of most developed economies. Same sex relationships in various nations world-wide especially the Muslim-religion based, consider the ideology just but a “taboo”. These nations usually have dire consequences for persons caught in such an act and such consequences may include imprisonment and even death in some cases. In Africa the reality is that same sex relationships and marriages are happening, though not publicly because most constitutions do not recognize such arrangements. In Kenya the same sex marriages have started to take shape and the relationships have become rampant but because of lack of legislative support, they are still not publicly proclaimed. Though there has been a lot of push from mobilized groups like the Lesbian Gay Bisexual Transgender and Intersex (LGBTI) community which coupled with support from the Kenya Human Rights Commission and other Civil Society Organizations, seeking the approval and recognition of such partnerships; the Kenyan legislation is still adamant in pursuit of these proposals. This paper therefore, seeks to arrive at a standpoint that due to the stigmatization of same sex partnerships or marriages by both the society and the legislature the only possible approach to arrive to a consensus and offer equality to human rights, “Legalization may not be an “option” rather “Regulation” maybe the only possibility. Same Sex Partnership Global Overview St... ... middle of paper ... ... false imprisonment due to their sexual orientation. The Penal Code also suggests that same sex sexual-intercourse is considered an un-natural offense which is punishable by law which may expose one caught in the act up to fourteen years imprisonment. Though the law is still silent on these, it is still admissible to that effect. The code 2009 Cap. 162 also discloses that for persons committing a crime of carnal knowledge which is against the order of nature is deemed as a felony which may require the accused to serve up to seven years jail term. Thus claiming that any male who commits an act of gross indecency with another whether in public or in private is guilty of the felony (CoK, 2010). This represents a discriminatory legislative clause that is benign though still admissible. In retrospect, this negates that law supports the social injustice against the LGBTI.

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