PENAL CODE ACT AMENDMENT CALLS FOR DEATH PENALTY
The penal code act has been amended and only a waits to come to force by the date stipulated by the minister responsible for justice. The amendment has a resemblance to the Anti Homosexuality Bill (2009). There has been a total replacement of section 145 of the principal act.
Section 145 of the penal act hitherto stated as:
Any person who-
(a) Has canal knowledge of any person against the order of nature;
(b) Has canal knowledge of an animal; or
(c) Permits a male person to have canal knowledge of him or her against the order of nature, commits and offence and is liable to imprisonment for life.
The penal code act section 145 which mainly targets persons who have same sex relationships and engage in same sex acts appears as follows:-
Sexual acts between persons of the same sex
A person who performs a sexual act with another person of the same sex with or without consent of that person commits an offence and is liable on conviction to imprisonment for life.
Where an offence under subsection (1) is committed in or in connection with a school or institution responsible for the well being of students, prisoners or other inmates of the school or institution shall be deemed to commit an offence and under section 229 for not taking due care to prevent the occurrence of the offence.
Insertion of new sections 145A, 145B, 145C and 145D
(1) A person who:-
(a) Participates in producing, procuring, marketing, broadcasting, disseminating, publishing materials for the purposes of promoting a sexual act between persons of the same sex,
(b) Funds or sponsors activities related to a sexual act between people of the same sex,
(c) Offers premises and other movable assets for the purposes of promoting a sexual act between persons of the same sex,
(d) Use electronic devises which include internet, films, mobile phones for purposes of promoting a sexual act between persons of the same sex,
(e) Who acts as an accomplice or attempts to promote or in any way abets the performance of same sex commits an offence and is liable on conviction to a fine not exceeding five thousand currency points or imprisonment not exceeding five years or both.
(2) Where the offender is a cooperate body, an association or a nongovernmental organization, on conviction the certificate of registration shall be counseled and each director or proprietor or similar officer of that body is liable to imprisonment not exceeding seven years.
A person who performs a sexual act through the anus with another person commits an offence and is liable to imprisonment for life.
Special penalties in respect of the offence under section 145, 145B
In the case of any offence under 145, 145B:-
(a) The person against whom the offence is committed is below the age of 18n years
(b) The offender is a person living with HIV
(c) The offender is a parent or guardian of the person against whom the offence is committed
(d) The offender is a person in authority over the person against whom the offence is committed
(e) The victim is a person with disability
(f) The offender is a serial offender
(g) The offender applies administers or causes to be used by any man or woman any drug matter or anything with intent to stupefy or over power him or her to commit the offence under section 145 or 145B the person convicted of the offence is liable to suffer death.
Serial offenders, where the victim is under 18, disabled, or the offender is HIV positive a parent or guardian…the penal code call for the death penalty.
Details will be shared later…