The High court has postponed the ruling which activists had petitioned for the repealing of section 162 of the penal code. The court said that they were unable to constitute the three judge bench.
Justice Chacha Mwita said that they were unable to make a decision as they had to go through volumes of documents which were presented manually.
The court asked the petitioners to allow them to sit through April and make a decision in May. Christian and Muslim organizations opposed the petition.
The ruling will be delivered on May 24. Lawyer Harrison Kinyanjui who opposed the petition said that it was contrary to the 2010 constitution. He said that the sexual conduct was a taboo in Kenyan cultures
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.
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.”