A case of Morality or Homophobia? Here is all you need to know ahead of major ruling that will change Kenya values as we know them

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South Africa and Angola have set a precedent in Africa by allowing gay sex in their countries and Kenya is set to make a major ruling on the same this Friday amid security concerns for the gay community.

The three-judge bench comprising of Justices Roselyne Aburili, Chacha Mwita and John Mativo is expected the make a ruling on whether the laws will be allowed or not on Friday at 9am.

There is a quiet air of excitement at the offices of the National Gay and Lesbian Human Rights Commission (NGLHRC), as the countdown draws closer to Friday when the much-awaited ruling by Kenya’s High Court could make history.

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The charity has fought hundreds of cases of abuse against sexual minorities in Kenya’s courts, but the verdict on whether to scrap British colonial-era laws criminalizing gay sex is undoubtedly their most eagerly anticipated case.

This begs the question of whether Kenyans are too morally upright or just homophobic.

It is a petition that has been strongly opposed by the government including Christian and Muslim Organization who want the case dismissed.

Campaigners say the laws have long promoted homophobia in the largely conservative Christian country — and are used daily to persecute and discriminate against sexual minorities.

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They face prejudice in getting jobs, renting housing or seeking medical care or education.

Hate crimes like blackmail, extortion, physical and sexual assault are common — but most are too fearful to go to the police due to their sexual orientation, say rights groups.

A positive judgment would not only give rights and dignity to sexual minorities in Kenya, say campaigners, but will inject impetus into battles being waged by persecuted LGBT people across Africa.

The Kenya National Commission on Human Rights has urged police to provide security for the Sexual Orientation Gender Identity and Expression (SOGIE) community as they wait for the ruling on Friday.

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In a letter addressed to Nairobi County Police Commander, KNCHR wants police to enhance security within the court precincts and ensure that the there is no breach of law and order.

The Friday ruling is on a case where Eric Gitari, the director of National Gay and Lesbian Rights Commission seeks to have Sections 162 and 165 of the Penal Code decriminalised.

In 2010, Kenya adopted its new constitution, which provides for equality, human dignity and freedom from discrimination. Petitioners now want the sections of the law repealed, saying they violate constitutional rights.

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Section 165 of the constitution has it that a man who commits any act of indecency with another man, or procures a man to commit indecency with him, or attempts to procure the commission of any such act with himself or with another male may be jailed for five years.

A positive ruling will have wider implications across Africa, which has some of the most prohibitive laws against homosexuality in the world, say campaigners.

Same-sex relationships are considered taboo and are a crime across most of the continent, with punishments ranging from imprisonment to death.

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