By: Beatrice Oppon
The Supreme Court has upheld the constitutionality of the country’s criminal law against consensual gay, anal and any unnatural sexual intercourse. The Court has thus dismissed a suit challenging the constitutionality of Section 104 (1) (b) of the Criminal Offences Act 29.
The writ was filed by a Law Lecturer Dr Prince Obiri-Korang. He contended that the said section breached Articles 18(2), 17(2) and 14(1) of the Constitution.
Section 104 (1) (b) of Act 29 makes it a crime for any person to have unnatural carnal knowledge of a person 16 years and above even with his consent, with the crime described as a misdemeanour.
Section 104 (2) defines unnatural carnal knowledge as sex in an unnatural way or with an animal. It was the case of Dr Obiri-Korang, that Section 104(1)(b) of the Act was unconstitutional as it breached the right to privacy stipulated under the Constitution, right against discrimination under Article 17, and the protection of personal liberties under Article 14.
The Court said the full judgment will be deposited at the registry.
