Section 138A, introduced through Section 12 of the Sexual Offences Special Provisions Act 1998, criminalises acts of “gross indecency” between both men and women with a penalty of up to five years imprisonment or a fine of up to 300,000 shillings.1
Types of criminalisation
- Criminalises sex between men
- Criminalises sex between women
Commonwealth member state
1. Penal Code 1945, S. 138A Acts of Gross Indecency Between Persons
“Any person who, in public or private commits, or is party to the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, commits an offence and is liable on conviction to imprisonment for a term of not less than one year and not exceeding five years or to a fine not less than one hundred thousand shillings and not exceeding three hundred thousand shillings.” Full text.
2. Penal Code 1945, S. 154 Unnatural Offences
(a) has carnal knowledge of any person against the order of nature; or
(c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence, and is liable to imprisonment for life and in any case to imprisonment for a term of not less than thirty years.” Full text.
3. Penal Code 1945, S. 155 Attempt to Commit Unnatural Offences
“Any person who attempts to commit any of the offences specified under section 154 commits an offence and shall on conviction be sentenced to imprisonment for a term of not less than twenty years.” Full text.
4. Penal Code 1945, S. 157 Indecent Practices Between Males
“Any male person who, whether in public or private, commits any act of gross indecency with another male person or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person, with himself or with another male person, whether in public or private, commits an offence and is liable to imprisonment for five years.” Full text.