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Gay rights advocates say that it is used primarily against gay men. Kenya's penal code criminalizes "carnal knowledge against the order of nature. Transgender people have historically suffered discrimination, and there are no statutory provisions relating to transgender rights. More On: What will happen is that more and more people are going to closet themselves, they are going to live in shame and fear. More Stories.

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But other former British colonies, particularly Ugandahave become more harsh in pursuing discrimination and punishment for gay sex.

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It must however be reiterated that the government does not discriminate against anyone in the provision of services. Article 20 3 b of the Constitution of Kenya requires courts, when applying a provision of the Bill of Rights, to "adopt the legal interpretation that most favours the enforcement of a right or fundamental freedom". He threatened to "mobilise the community to cane the gays if they organised such a meeting again". A mob of people led by religious leaders and village elders on 23 February stormed a meeting of homosexuals at the Likoni CDF Youth Empowerment and Library Centre.

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Concerning this article, Makau Mutuathe chair of the Kenya Human Rights Commission and the dean at the University at Buffalo Law School, The State University of New Yorksays that "where a right is contested, the courts must take the most liberal interpretation of the law to avoid denying the right".

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