It is astounding as to the amount of debate that has been on going
in the various media houses as well as in all the social sites(which Kenyans
have turned into their homes) with regards to the Bill passed by the Ugandan
Parliament banning gay marriages.
Opinion have
arisen, both informed and uninformed criticising or applauding the illegality
of gay marriages in Uganda. Religious leaders, politicians, Human rights
activists and the commoners have all given their views and thrown accusing
fingers at Uganda by claiming that the country is taking backward steps in
ensuring the dynamism with regards to how same sex marriages are viewed.
But come to think
of it, isn't Kenya the most Discriminatory country when it comes to this issue?
the fact that the government or the politicians are silent on the issue doesn't
mean that the gays and lesbians are safe in this country: the reality being
that the government just doesn't want to come in the public and tell the
citizens that same sex marriages is a constitutional illegality.
Under the
Constitution of Kenya, article 45(2) provides that:
" Every adult has the right to marry
a person of the opposite sex, based on the free consent of the parties"
This is a tricky
clause which in the face of it is aimed at banning the contrary of the clause.
The question that arises is, why the inclusion of the word "opposite
sex"? This read in its entirety reveals that same sex marriages is
expressly prohibited.
Similarly, the
Marriage Act of Kenya is very silent on the definition of the term
"marriage" and that leaves the constitutional definition to be the
absolute definition of a marriage: A
willful and consentual marriage between two adults of opposite sex.
The obvious
question that the common Kenyan will use to manouver through Article 45 is that
it doesn't illegalize same sex relationships: my answer is, what is the purpose
of a sexual relationship if it doesnt end in marriage?
It is clear that
the government is just evading the Obama an Museveni criticisms and opted to
keep mum and let the wananchi live in oblivion.
Now u know it: It
is illegal to the core.
By alfred Ochieng
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