Kenyan law scholar Makau Mutua has condemned a three-judge bench that refused to repeal Section 162 and 165 of Kenyan constitution which criminalizes same-sex union. On a Twitter rant on Saturday, May 25, Mutua described judges Roselyn Aburili, Chacha Mwita, and John Mativo as Neanderthals and people who are out of touch with the modern world.
In their ruling delivered on Friday, May 24, the three said there was no evidence to prove the complainants were being discriminated in a manner to violate their rights. “A party alleging violation must demonstrate what rights have been violated. It is not sufficient to allege in general terms.
We are of the view that the impugned sections do not exclusively apply to the petitioners,” Aburili said. However, and without elaborating further, the SUNY university lecturer strongly disagreed with the decision and urged the Court of Appeal to review it. “I condemn the decision in the Kenyan gay rights case. The judges got it plainly wrong in law, fact, and the science. The Court of Appeal should reverse. Judges mustn’t be Neanderthals,” he tweeted.