Man Sleeps with Another to Clear Rent Arrears

Man Sleeps with Another to Clear Rent Arrears

Man Sleeps with Another to Clear Rent Arrears

According to court records, Peter Maina allegedly engaged in an unnatural conduct  with another man in a Nairobi lodge. The accused allegedly volunteered to assist the complainant in settling his rent  arrears, but first reserved a room for the two of them. The accused allegedly had carnal knowledge of the complainant after buying him  supper for KSh 100 and afterwards pleaded with him to conceal what had happened.

Peter Maina appeared before Chief Magistrate Lucas Onyina and was charged with having carnal knowledge with Kedwig Otieno on September 6, 2023, at around 1am on Kirinyaga Road, Samana Guest House in Nairobi.

Homosexuality is illegal in Kenya, according to the Penal Code of 1930. The code makes acts of carnal knowledge against the order of nature and gross immorality punishable by 14 years in prison.

Sections 162, 163, and 165 of the Penal Code make gay liaisons illegal, with only men being prosecuted.

According to a police complaint from the day in question, Otieno was loitering in Nairobi’s Central Business District (CBD) after his house was shut by his landlord due to unpaid rent. He was walking around the city with nowhere to stay when he met Maina, the accused in the case, at Simba Coach Bus Stage in downtown Nairobi.

After striking up a discussion, Otieno vented his frustrations to Maina, who  responded with understanding and concern for the half homeless Kenyan. According to the story, Maina then offered to book a room where they could spend  the night together and promised to pay off Otieno’s debts and give him some extra  money.

They rented a room at the Samana Hotel, and Maina offered Otieno KSh 100 to buy supper before returning to sleep in the reserved room with one bed. However, in the middle of the night, Otieno awoke to discover the accused on his back, his inner wear gone and his trousers dragged downwards.

Otieno sprang from the bed, startled by what his friend was doing to him, as Maina pleaded with him not to tell anyone what had happened. They then slept together until morning and even had breakfast together. As they parted ways, Otieno claimed Maina offered him his phone number.

Still reeling from the incident, Otieno reported it to the Central Police Station, where Maina was later caught by investigators. He disputed the charge and will be held in police custody while his pre-bail report is compiled. Earlier this year, the Kenyan Supreme Court sparked a debate by deciding that the Non-Governmental Organizations (NGO) board was violating the Kenyan Constitution by refusing to register LGBTQ groups.

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