Murang’a Governor Irungu Kang’ata has opposed the adjournment of a Court of Appeal hearing after LGBTQ activist Eric Gitari sought a postponement on health grounds.
The case involves an appeal challenging the constitutionality of sections of the Penal Code that criminalise homosexuality.
Through his lawyer, Senior Counsel Harrison Kinyanjui, Kang’ata objected to the application by Gitari’s lawyer, Sande Ligunya.
Kinyanjui said his client was ready to proceed with the hearing.
Ligunya told the Court of Appeal that her client was unable to attend court due to health issues.
She said Gitari has been unwell since August 2025.
But Kinyanjui argued that an open-ended adjournment would be unfair to the Murang’a governor and the public, given the significance of the case.
“A 2019 appeal should not be adjourned in the year 2026,” Kinyanjui said.
“The matter raises grave public interest concerns.”
He added that delays undermine the administration of justice and the timely determination of appeals.
In the case, Gitari, the director of the National Gay and Lesbian Rights Commission, is seeking to have Sections 162 and 165 of the Penal Code declared unconstitutional.
The hearing did not proceed after Gitari’s lawyer informed the court that her client was unwell.
Gitari argues that the contested sections are discriminatory and violate various provisions of the Constitution.
Kinyanjui maintained that the application for adjournment was ill-timed and lacked good faith.
He said the case has attracted enormous national attention.
Addressing a five-judge bench comprising Justices Francis Tuiyot [presiding], Pauline Nyamweya, Lydia Achode, Abida Ali-Aroni and Weldon Korir, Kinyanjui said the appeal has been pending for six years.
“With respect, this application is made in bad faith,” he told the court.
“The reason now being advanced was not raised when the matter was last adjourned barely forty days ago.”
He said the appellant’s health concerns were not disclosed earlier, despite claims that the illness began in August last year.
In submissions opposing the appeal, Kang’ata argued that the High Court properly evaluated the evidence and correctly dismissed the petition.
He also faulted Gitari for bypassing Parliament.
He said legislative authority is vested in Parliament under Article 94 of the Constitution.
Kang’ata argued that the issues raised fall within the mandate of lawmakers and not the courts.
He further told the court that the appeal lacks merit and should be dismissed with costs.
On the issue of stigma, Kinyanjui submitted that social attitudes cannot be changed through court decisions.
He said courts lack the power to regulate societal perceptions or eliminate stigmatisation through judgments.
The appeal arises from consolidated constitutional petitions filed in 2016.
The petitions sought to invalidate Penal Code provisions criminalising homosexuality.
While adjourning the matter, the court directed that a medical report on Gitari’s health be filed by April 15, 2026.
Justice Tuiyot said the court was concerned about the age of the case and the public interest it has generated.
“We direct that the medical report on the health status of the appellant be filed by April 15, 2026,” he said.
“The matter shall be heard in May 2026 on a date to be communicated by the registry.”