Notable Kenyan reporter Patrick Gathara slammed a “sad, sad day” for the judiciary, describing the adjournment as ridiculous.
Activists maintain that Kenya holds an opportunity to change Africa where homophobia is not acceptable in many states, with similar laws in almost all the countries in the continent.
Imani Kimiri of the NGLHRC’s legal crew recounted to AFP news agency, how her office dealt with 15 indictments in 2018 labelling the rules as “just a frustrating endeavour”.
The petitioners contend that under Kenya’s 2010 constitution, all people are said to be the same under the law.
However, the contradicted parts of the penal code opposed it.
Those who are extorted, ousted, dismissed, suspended from school, or attacked over their sexual orientation, are incapable of obtaining justice because it means “admitting to a crime”, declared Eric Gitari of the NGLHRC.
Activists were hopeful of a verdict in their favour, given recent rulings by the court.
In March, the High Court forbade forced anal examination of men presumed of being gay.
Also in September, a court decreed that “Rafiki”, a film about a lesbian affection which was the first Kenyan movie to be exhibited at the Cannes film festival, could be screened locally for seven days after its first banning.