When Arrested for Engaging in Gay Sex.

Police Arresting a Man in Kenya

If you are Gay, Lesbian, Bisexual or Transgender, it is very important that you familiarise yourselves with sections 162 - 165 of our penal code.

Go to this page on this website, http://galck.org- LAWS OF KENYA and get to know what the law actually says, and more precisely on what grounds the law enforcement agencies - the police, can arrest or hold you in custody.

Unfortunately, most of us live in fear - often undefined fear, not just of being arrested but also of our sexual orientation being discovered. This fuels a perpetual “state of emergency” and any little noise fuels incapacitating fear, that denies us an opportunity to think logically and confront the ‘fear mongers.’

Here is what to do when confronted with challenging circumstances.
First of all, we should all save this number in our phones - 020-2426060. This is the GALCK number, GALCK will always rush to your defence when confronted by difficult legal situations regarding your sexuality. And this includes even when you have been caught in the ‘very act’ - especially if you have been caught in the act. So comrades, shed off the fear!

Secondly spread this information around to your networks. In fact every time you meet a new person, ask him or her if she/he knows about GALCK. This has two advantages, one - if your friend does not know about GALCK, s/he gets to know about our activities which s/he may find helpful some day. Secondly, GALCK is now the code word to ward off blackmailers. Indeed I have been told, the first question blackmailers ask their potential victims nowadays is if they know of GALCK. Do yourself and your friends a service, lets all spread the word, and especially the GALCK contacts so that our people can not just feel but actually be protected at all times.

Thirdly, and this may be challenging for some, if the police arrest you, do not fear to go through the laid down legal process. Let them take you to a police station, book you up, and prefer charges against you. It is on the basis of the charges laid against you that our lawyers will file defences. Often they will not charge you because they are also aware of how difficult it is to prosecute “un-natural sex” cases. Instead they may want to hold you longer than they should - 24 hrs. 

That is why  you need our lawyers - who will come and ask on your behalf, for a police bail or be taken to court and they will then ask for bail from the court. The thing to remember is that by going through this process you are contributing to advocacy for our rights. Indeed you are also preventing the same thing from happening to you again.

The Perfect Case
GALCK would like to challenge these sections of the penal code in court. In order to do this, we need a perfect case: That is where two adults, engaged in consensual sex in private, are aligned in court under section 162 of the penal code or 163/165 of the penal code. It is important that the act be consensual for the both parties and its between adults. Such a case would propel our activism for change tremendously. Lets all be on the look out for the case - more importantly, when arrested, lets not take the easy way out by bribing the police for temporary freedom!!!

Lets all stand up for our RIGHTS! Its your right to exercise your sexuality with a consenting adult, LET US STOP BEGGING FOR THIS RIGHT THROUGH POLICE BRIBES!