Christian and Muslim organisations have put up a spirited fight to stop changes to the penal code, which would see same sex marriages legalised.
Through lawyer Charles Kanjama, they told a three-judge bench of the High Court that 80 per cent of Kenyans who are Christians and 10 per cent who are Muslims were against homosexuality, and would not have not passed the 2010 Constitution if it allowed the practice.
“There has been intense lobbying from Western countries to legalise homosexuality. A commissioner said they received a delegation of British MPs who pushed them to include the clause but they refused,” said Kanjama.
To remove the possibility of sneaking gay rights through “back door”, Kanjama said, the Constitution explicitly states that every adult has a right to marry a person of the opposite sex.
He said homosexuality could be suppressed, given it was not a natural condition.
“You are being told that consensual same sex affair is private. That is not true. Homosexuality is not private as it affects the society and natural beliefs,” argued Kanjama.
The religious leaders are opposed to the case seeking to quash section 162 and 165 of the penal code.
The Muslim organisations in the case are the Registered Trustees of Jamia Masjid Ahle Sunneit Wal Jamaat and Registered Trustees Umma Foundation.