Judgement in two Constitutional petitions filed by the Centre For Minority Rights and Strategic Litigation (CMRSL) will be delivered on 19th April, 2021, after final arguments on both cases were made before the court on 25th January, 2021, while a third petition, has been set down for hearing on 14th April, 2021.

Msa HC. Petition No. 18 of 2019, Mk Vs The Kenya Film Classification Board challenges the Board’s decision to ban the movie “Rafiki” on the basis that the movie features gay scenes. The suit contests the said decision on the basis that the same impinges on the right to the freedom from discrimination, freedom of expression and disregards Constitutional values.

Msa HC. Petition Number 19 of 2019, Mk vs The Attorney General, is challenging the constitutionality of Sections 162, 163 and 165 of the Penal Code on the basis that the said statutory provisions violate the right to privacy and human dignity.

The third petition, HCCHRPET/8/2021, Jow vs the Director of Public Prosecutions and 3 Others, which is set for hearing on 14th April, 2021, challenges forced anal and HIV examinations on the basis that they infringe  on the right to human dignity, privacy, freedom and security of the person,  among other rights and freedoms guaranteed in the Constitution.  The suit also charges that the enforcement of Sections 162 (c) of the Penal Code is in violation of the right to privacy and human dignity among others guaranteed in the Constitution and Treaties. The petition also seeks compensation for these violations.

By cmrsl

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