A group seeking to quash some provisions of the Penal Code that make it illegal for consensual gay and lesbian sex will call expert witnesses to support their case.

Appearing before a Bench of three judges yesterday, Senior Counsel Paul Muite said they would call a psychiatrist to explain sexual orientation and why the State should not regulate matters of intimacy.

Mr Muite said the experts would table reports to demonstrate biological and even social conditions that influence one’s sexual orientation.

In the case, Eric Gitari moved to court to decriminalise section 162 and 165 of the Penal Code. He said the sections are discriminatory and contravene various provisions of the Constitution such as right to equality, freedom from discrimination, human dignity, freedom and security of the person and right to privacy.

Section 162 reads: “Any person who — (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; or (c) permits a male person 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. Read more via Business Daily Africa