SAME SEX MARIAGES: WHY THE GOVERNMENT CAN'T TELL YOU THAT IT IS COMPLETELY ILLEGAL IN KENYA

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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