Australian wants homosexuality legalised in Kenya

Ian Castleman [Photo: Courtesy]

By Pamela Chepkemei

Nairobi, Kenya: An Australian citizen accused of having sexual intercourse with other males wants the court to outlaw some sections of the sexual offences Act and declare homosexuality legal in Kenya.

Mr Ian Castleman who is facing criminal charges for having sex with two other male has filed a petition at the High Court challenging the Sexual Offences Act.

He says the criminal charges amounts to discrimination because he has been charged because of his sexual orientation.

The two males he is accused of having sexual intercourse with, were residing at an orphanage operated by the petitioner and he offered them financial assistance.

The petitioner wants the High Court to make a decision on the rights of gay people in Kenya.

“There is no basis to maintain criminal charges against me. The charges are discriminatory against persons disposed to sexual activity involving the same sex,” said Mr Castleman.

Through his lawyer, Mr Pravin Bowry, He is asking the High Court to declare that the Sexual offences act is discriminatory towards people who are homosexual.

Mr Castleman wants the court to quash the charges against him which he says were preferred contrary to public policy and international law.

Mr Castleman is a Director of Ian Castleman Orphanage Kenya based in Elburgon within Nakuru County.

His case was referred to the High Court by a magistrate for constitutional interpretation.

He was charged under sexual offence relating to position of authority that he allegedly took advantage of his position as the director of the orphanage to seduce the complainant to have sexual intercourse with him that does not amount to rape or defilement.

The petitioner contends that he has not committed any offence and the charges against him should be quashed.

Mr Castleman argues that under the penal code, the issue of homosexuality under International law is now a matter of public policy and a decision on the rights of the gay people should be made once and for all.

The petitioner has also faulted sections 24 (1) of the sexual offences Act on sentencing of offenders.

He argues that the section is unconstitutional because it takes away the sentencing of the discretion of the trial courts. It only provides for a minimum sentence of ten years imprisonment but does not provide for the maximum sentence to be imposed on those found guilty.