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‘I thought Britain was a champion of human rights’

Gay rugby player threatened with deportation calls on government to uphold defence of LGBT people

A GAY rugby player is calling on Home Secretary Sajid Javid to prevent his deportation to Kenya where he will likely face prosecution because of his sexuality. 

Ken Macharia, 39, has lived in Britain since 2009 when he came to study a masters degree at the University of West England, Bristol. 

The Home Office rejected his asylum claim in 2016, claiming Kenya is a safe place for LGBT people despite the fact the Foreign and Commonwealth Office (FCO) warns British travellers to the country that “homosexual activity is illegal.”

The FCO’s online advice on local laws and customs in Kenya says: “Public displays of homosexuality, like holding hands or kissing in public places, could lead to arrest and imprisonment.”

Identifying as an LGBT person in Kenya is not a criminal offence but some of the laws imposed on the country during Britain’s imperial rule regarding gay sex are still in place. 

Section 162 of the country’s penal code criminalises “carnal knowledge of any person against the order of nature,” which is used to ban private acts of gay sex between consenting adults. 

Before he began the asylum process, Mr Macharia said he thought Britain was a “champion of human rights.”

“But I was surprised by the treatment I received. It was extremely hostile. They do everything they can to make it really difficult to apply for asylum.

“He (Mr Javid) needs to sort things out and really show the UK does live up to what it claims to be as a country that protects human rights.

“He took over after the Windrush scandal and the Windrush scandal was because of the way the Home Office treated people badly, but it treats very many people badly and it has not changed since he took over. It has been business as usual.”

The Home Office threw Mr Macharia into a removal centre near Heathrow in November last year. Two weeks later, however, it agreed to release him on bail, following the launch of a petition with over 100,000 signatures started by his teammates on the gay-friendly Bristol Bisons rugby club.

A new petition started by teammate Andrew Holmes and which has received well over 104,000 signatures is now calling on Mr Javid to grant Mr Macharia asylum. 

“Ken is an integral part of our rugby family at Bristol Bisons RFC,” the petition says. 

“His commitment to the ethos of rugby and to our team is second to none. 

“He is an important part of our community, and regularly attends our matches across the country as our match photographer, and has also undertaken training to be our first aid medic.

“Ken is a quiet, kind, and caring person and he is one of the most loved people at our rugby club. Our team would not be the same without his warm character.

“Deporting a good, hard-working, gay man to a country where homophobic violence and imprisonment is rife is immoral and unjust, and should be stopped.”

Shadow home secretary Diane Abbott said asylum delays are “a failure of this government.”

“The Tories’ hostile environment is causing real distress to applicants, leaving them in limbo with no certainty of their future. These unfair policies must end,” the Labour MP said.

Without commenting directly on Mr Macharia’s case, a Home Office spokeswoman said: "This government has a proud record of providing protection for asylum-seekers fleeing persecution because of their sexual orientation or gender identity.

“All available evidence is carefully and sensitively considered by in light of published country information.

“All decisions on claims based on sexual orientation are reviewed by a second experienced caseworker.”

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