βLove is like a friendship caught on fire. In the beginning a flame, very pretty, often hot and fierce, but still only light and flickering. As love grows older, our hearts mature and our love becomes as coals, deep-burning and unquenchable.β β Bruce Lee
Well, Bruce Lee clearly never had the pleasure of witnessing what happened in Silibwet, Bomet Central. Two men, 47-year-old Marshal Kipkirui and 22-year-old Kelvin Kipkorir, apparently decided to test the full meaning of βdeep-burning and unquenchableβ in a very public wayβinside a local shop. Yes, inside a shop. Not exactly private, but who am I to judge passion?
Police say the men were caught red-handed and immediately taken to a health facility, where medical professionals confirmed the act. Now they face criminal charges under Kenyaβs Penal Code. And unlike Bruce Leeβs poetic description of love, the law is far less forgiving than fiery romance.
Kenyaβs law is crystal clear. Section 162 criminalizes βcarnal knowledge against the order of nature,β with penalties of up to 14 years in prison, and aggravated cases could get 21 years. Section 165 bans βgross indecency between males,β even in private, with a maximum of five years. So, whether itβs in a shop, a field, or someoneβs living room, the law says βnope.β
These legal provisions have faced challenges before. In 2019, a petition tried to decriminalize same-sex relations, but the High Court said no. The judges ruled the sections constitutional. So, same-sex sexual activity remains illegal in Kenya, no matter how poetic or βdeep-burningβ it may be.
The arrest has sparked a mix of reactions. Some people say, βFinally, the law is working!β Others laugh or shake their heads, commenting on the sheer audacity of the location.
For Marshal and Kelvin, the consequences could be serious. If convicted under Section 162, they could spend over a decade in prison. Even Section 165 could add several more years. Legal experts note that courts need clear proof, but being caught in the act is usually enough to make things complicated.
Featured image via Screengrab