The Kenya National Commission of Human rights has asked the police to offer security to Sexual Orientation Gender Identity and Expression (SOGIE) community ahead of the landmark ruling on Friday.
The ruling will be made by Justices Roselyne Aburili, Chacha Mwita and John Mativo
The National gay and lesbian rights commission through Eric Gitari had filed a suit to declare section 162 and 165 of the penal code unconstitutional.
The two sections, Gitari said that contravened the right to privacy for those affected. The gay and Lesbian Coalition of Kenya (GALCK), the National gay and Lesbian Human Rights Commission (NGLHRC) and the Nyanza Rift Valley and Western Kenya Network (NYARWEK) are enjoined in the suit.
The office of the Attorney General represented by Ms Jennifer Gitiri argued that declaring the two sections unconstitutional would be equal to allowing unnatural acts between people of the same gender.
Section 162 prohibits a person who has carnal knowledge against the order of nature; or has carnal knowledge of an animal.
“Any person who has carnal knowledge … against the order of nature; or has carnal knowledge of an animal; or permits a male to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for 14 years.”