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  • Essay / Regulating same-sex marriages in Kenya and its society –...

    This article seeks to take a spotlight look at the future of same-sex marriages in the Kenyan context. Same-sex relationships, let alone marriage, are a controversial issue in today's world. American society is a pioneer in adopting laws that support same-sex partnerships and marriages. This reflects the status of most developed economies. Same-sex relationships in various countries around the world, especially those based on the Muslim religion, consider this ideology a "taboo". These nations usually have dire consequences for those caught in such acts and these consequences can include imprisonment and even death in some cases. In Africa, the reality is that same-sex relationships and marriages take place, but not publicly because most constitutions do not recognize such acts. In Kenya, same-sex marriages have begun to take shape and relationships have become commonplace, but due to lack of legislative support, they are still not publicly proclaimed. Although there has been a lot of pressure from mobilized groups like the Lesbian Gay Bisexual Transgender and Intersex (LGBTI) community, coupled with support from the Kenya Human Rights Commission and other organizations civil society, seeking approval and recognition of such partnerships; Kenyan law remains adamant in pursuing these proposals. This article therefore seeks to arrive at a view that, due to the stigmatization of same-sex partnerships or marriages by society and the legislature, the only possible approach to achieve consensus and offer equality to human rights, “Legalization is perhaps not an “option” but rather “regulation” perhaps the only possibility. orientation. The Penal Code also suggests that same-sex sexual intercourse is considered an unnatural offense that is punishable by law and can expose the person caught in the act to up to fourteen years of imprisonment. Although the law is still silent on this subject, it is still eligible for this purpose. The 2009 Code Cap. 162 also reveals that persons committing the crime of unnatural carnal knowledge is considered a crime that may require the accused to serve a prison term of up to seven years. Thus affirming that any man who commits an act of gross indecency with another, whether in public or private, is guilty of the crime (CoK, 2010). This is a discriminatory legislative clause, benign but still admissible. In retrospect, this negates the fact that the law supports social injustice against LGBTI..