Kenya Christian Professional Forum seeks say in gay rights case

The High Court in Nakuru has directed a Christian group seeking to be enjoined in a gay rights case to file its submissions within two weeks.

The Kenya Christian Professional Forum (KCPF) wants to be part of the case filed by Australian national Ian Castleman challenging the constitutionality of the Sexual Offences Act relating to the rights of homosexuals.

The Attorney General and the Director of Public Prosecutions have been sued in the matter.

Lady Justice Janet Mulwa also granted the AG’s office and Castleman’s lawyers an additional 14 days to reply to the submissions before hearing on November 3.

Castleman is challenging provisions of the Act after he was charged with two counts of taking advantage of his position of authority to seduce two men to have sex with him.

He was arrested on September 12, 2012 and arraigned before the Chief Magistrate’s Court in Nairobi.

Castleman’s lawyer Pravin Bowry has, however, objected to the Christian group joining the case, noting it lacks the legal standing to do so.

NO EVIDENCE

Bowry claims the organisation had failed to provide any evidence about how the petition filed by his client, who has named the DPP and the AG as respondents in the suit, would affect its membership.

In the suit, Castleman is asking the court to find that the Sexual Offences Act was discriminatory to people disposed to same-sex activity and who, he says, are a minority group in Kenya. He also wants the court to determine if the offence outlined in Section 24 of the Act can constitute a crime under both Kenyan and international laws.

Castleman is accused of seducing Dennis Nyandika and Lawrence Nyaega to have sex with him, which relations did not amount to either rape or defilement.

DIVERSE DATES

This was on diverse dates between 2008 and 2011 at the Ian Castleman Orphanage in Elburgon, Nakuru County. The missionary wants the court to order that the proceedings against him before the Nakuru Chief Magistrate’s Court be permanently stayed.

Section 24 (1) of the Sexual Offences Act says a person in charge of a jail, remand home or children’s institution established by law who takes advantage of his/her official position to induce or seduce any inmate or inhabitant to have sexual intercourse with him or her, such sexual intercourse not amounting to rape or defilement, shall be guilty of a sexual offence relating to a position of authority and shall be liable upon conviction to imprisonment for a term of not less than 10 years.