Two men in Bomet County are facing criminal charges after they were allegedly caught engaging in sodomy. The suspects, aged 47 and 22, were reportedly apprehended in the Silibwet area of Bomet Central after being found in a compromising situation inside a shop.
Following their arrest, they were taken to a medical facility where examinations confirmed that they had engaged in the act. Authorities subsequently charged them under provisions of the Kenyan Penal Code that criminalize same-sex relations.
Kenya’s Penal Code under Section 162 terms “carnal knowledge against the order of nature” as a criminal offence. Convictions under this section carry a penalty of up to 14 years in prison, with aggravated cases attracting a sentence of up to 21 years. The law does not limit its application to public spaces, meaning that consensual same-sex acts in private remain illegal.
Furthermore, Section 165 of the Penal Code specifically addresses “gross indecency between males,” whether conducted in public or private. This offence carries a prison term of up to five years upon conviction. These provisions have been part of Kenya’s legal framework for decades, with their origins tracing back to colonial-era laws.
The case in Bomet adds to ongoing debates around LGBTQ rights and the criminalization of same-sex relations in the country. Human rights advocates argue that such laws violate constitutional rights to privacy and dignity, while those supporting the provisions maintain they reflect societal values and moral standards.
In 2019, a high-profile petition sought to decriminalize these sections of the Penal Code. However, the High Court dismissed the petition, ruling that the laws were constitutional. The court’s decision reaffirmed the criminal status of same-sex relations in Kenya and underscored the judiciary’s position that such matters should be addressed through legislative processes rather than judicial intervention.
The two men from Bomet are expected to be arraigned in court, where they will face formal charges. If convicted, they could serve lengthy prison sentences under the existing legal provisions. The case is likely to draw attention both locally and nationally, as it touches on issues of morality, legality, and human rights in Kenya’s evolving social landscape.
Authorities have not disclosed further details about the suspects’ relationship or whether there are additional charges pending. The matter remains under investigation, with court proceedings expected to shed more light on the circumstances surrounding the arrest.
