By Mzaliwa Nawe
The murder of Edwin Kiprotich Kiptoo alias Chiloba in Eldoret, Uasin Gishu has captured the attention of the nation.
The motive behind his killing is still under probe by the police. His first cousin while speaking in Eldoret says, the deceased acquired the name in 2017 after some of his friends felt he had some resemblance to the then IEBC CEO Ezra Chiloba.
Chiloba became his moniker until his death. At the center of his killing, the question of his sexual orientation remains the sticking on social media platforms.
Kiptoo Chiloba was a self-acclaimed LGBQT activist on social media platforms even though his family denies knowledge of their son being a member of the community.
Among the suspects is Chiloba’s longtime friend, Jacktone Odhiambo. Police sources say the late was romantically involved with the suspect and social media photos of the two that have been circulating since his death support this claim. In a nutshell, the two are said to have been in a gay relationship.
But what does the Kenyan law say about same sex relationships?
For the record, homosexuality is illegal in Kenya even though there have been efforts in the recent past by the LGBQT community (both local and international) and other sympathetic lobby groups to have the law repealed.
According to the constitution chapter 4 under the Bill of Rights article (45), the family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.
The law also clearly states that every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.
Section 162(a) and (c) of the Penal Code criminalizes carnal knowledge against the order of nature and provides a sentence of 14 years where consent was obtained and 21 years where there was no consent or consent was obtained by force.
Meanwhile, there are countries in Africa that have since legalized the practice that’s frowned upon by the majority of the Kenyan population including its top leadership.
Both retired President Uhuru Kenyatta and the incumbent President William Ruto, while appearing on CNN on diverse dates, categorically rejected the idea that Kenya would amend its laws to legalize homosexuality.
African Countries That Have Legalized Same Sex Relationships
South Africa became the first country in Africa to legalize same sex marriages way back in 2006. Others are, Angola, Botswana, Mozambique and Seychelles. All these countries fall within the same geographical area.
