The High Court in Nakuru has directed an Australian man, who is challenging the unconstitutionality of the Sexual Offences Act relating to gay rights, to file fresh submissions and serve all parties including a Christian group that has been enjoined as interested party in the case.
Ian Castleman, who is the head of an orphanage in Elburgon, Nakuru County, was charged with two counts of taking advantage of his position to seduce two men to have sex with him.
This was on diverse dates between 2008 and 2011 at Ian Castleman Orphanage in Elburgon.
Castleman, who was arrested on September 12, 2012 and arraigned before the Chief Magistrate's Court in Nairobi, wants the court to declare the Act discriminatory to people disposed to homosexuality and who are minority 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 wants the proceedings against him, before the Nakuru Chief Magistrate's Court, stopped.
In October 2014, The Kenya Christian Professional Forum sought to be enjoined in the case, saying it was of serious public interests.
But Catleman, through his lawyer Pravin Bowry objected, saying the group lacks the legal standing to do so and that the organisation had failed to provide any evidence about how the petition would affect its membership.
And Thursday, Justice Janet Mulwa concurred with the group and allowed it to be enjoined in the suit.
At the same time, Bowry sought to recall earlier submissions and file them afresh before serving the Director of Public Prosecutions and the Attorney General who are respondents, which the court allowed.
Supplementary affidavits
The court directed Castleman to file the submissions within two weeks and also ordered the Christian group to remove offending submissions from record and file supplementary affidavits as they had requested.
Each party, as Mulwa ruled, shall have corresponding leave to reply to the responses before a mention on March 19. Section 24 (1) of the Act provides that a person in charge of a jail, remand home or children's institution established by law who takes advantage of his or her official position to induce or seduce any inmate or inhabitant to have sexual intercourse with him or her shall be guilty of a sexual offence and shall be liable upon conviction to imprisonment for 10 years
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