{{An Australian citizen accused of having sexual intercourse with other males wants the court to outlaw some sections of the sexual offences Act and declare homosexuality legal in Kenya.}}<\/p>\n
Mr Ian Castleman who is facing criminal charges for having sex with two other male has filed a petition at the High Court challenging the Sexual Offences Act.<\/p>\n
He says the criminal charges amounts to discrimination because he has been charged because of his sexual orientation.<\/p>\n
The two males he is accused of having sexual intercourse with, were residing at an orphanage operated by the petitioner and he offered them financial assistance.<\/p>\n
The petitioner wants the High Court to make a decision on the rights of gay people in Kenya.<\/p>\n
\u201cThere is no basis to maintain criminal charges against me. The charges are discriminatory against persons disposed to sexual activity involving the same sex,\u201d said Mr Castleman.<\/p>\n
Through his lawyer, Mr Pravin Bowry, He is asking the High Court to declare that the Sexual offences act is discriminatory towards people who are homosexual.<\/p>\n
Mr Castleman wants the court to quash the charges against him which he says were preferred contrary to public policy and international law.<\/p>\n
Mr Castleman is a Director of Ian Castleman Orphanage Kenya based in Elburgon within Nakuru County.<\/p>\n
His case was referred to the High Court by a magistrate for constitutional interpretation.<\/p>\n
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