These laws are extracted from the Penal Code of the Laws of Kenya. They are the laws that GALCK would want repealed. Because of these laws, not only are we unable to give health information regarding HIV/AIDS, (otherwise we be accused of aiding and abetting a felony), our basic human rights are routinely abused. We would like that they instead be replaced by positive laws that will protect the LGBTI Kenyans from all forms of discrimination.
162. Any person who:
(a) has carnal knowledge of any person against the order of nature; or
(b) has carnal knowledge of an animal; or
(c) permits a male person to have carnal knowledge of him or her against the order of nature,
is guilty of a felony and is liable to imprisonment for fourteen years:
Provided that, in the case of an offence under paragraph (a), the offender shall be liable to imprisonment for twenty-one years if -
(i) the offence was committed without the consent of the person who was carnally known; or
(ii) the offence was committed with that person's consent but the consent was obtained by force or by means of threats or intimidation of some kind, or by fear of bodily harm, or by means of false representations as to the nature of the act.
163. Any person who attempts to commit any of the offences specified in section 162 is guilty of a felony and is liable to imprisonment for seven years, with or without corporal punishment.
164. Indecent assault of boys under fourteen years of age. Repealed but contained in the sexual offenses act of 2006
165. Any male person who, whether in public or private commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years, with or without corporal punishment.
Extracted from the Kenyan Penal Code.
