New photo Gay rugby player is granted bail but warned he may still be booted out of UK

A gay rugby player who faces deportation has said he fears persecution over his sexuality by 'really anti-LGBT' Kenyan government.

Kenneth Macharia has said he remains worried about his future, after he was granted bail at a hearing earlier today, Wednesday 28 November.

The 38-year-old was released from an immigration removal centre near Heathrow Airport on Wednesday evening and was greeted by team-mates from the LGBT inclusive Bristol Bisons rugby club.

 Kenneth Macharia (pictured above) fears persecution in Kenya over his sexuality

Mr Macharia appeared at an immigration tribunal in west London via video link from Harmondsworth removal centre where he has been held since Thursday November 15. 

He was wearing a black and pink Bristol Bisons RFC t-shirt and was supported at the bail hearing by his mother and team-mates from the amateur rugby club who wore the same t-shirts.

The qualified engineer said he was 'very happy to be free and very grateful to all my friends and everyone else who has been supporting me.'

Mr Macharia, who lives in Glastonbury, said the process is 'scary', adding: 'The level of support I'm receiving is giving me hope that I will be allowed to stay, but the Home Office kind of seem determined to remove me so that is still a worry.'

After he left the centre he admitted that he hadn't been sleeping well due to anxiety which had been induced by the bail summary and added that the government in Kenya is 'really anti-LGBT'.

'Because last night when I read the bail summary from the Home Office, I realised that they were still intent on removing me.

Supporters of Ken Macharia attended his hearing, (left to right) Przemek Szczodry, Murray Jones, Gareth Williams and Joseph Butler from the Bristol Bisons rugby team

'So last night I did not have a good night's sleep because then I realised that if I don't get bail it will kind of be like every night they can come to my room, pick me up and put me on a plane at any time, which kind of was causing me to feel anxious,' he said.

'It's really scary because initially I was thinking if I was forced to moved from the UK I could hide who I am and lay low, but now that is not a possibility so I'm really worried about getting arrested and made an example of.'

'I am very fearful that if I go back to Kenya I will be made an example of and put in prison.'

Kenneth Macharia (pictured above) outside Harmondsworth removal centre

At the bail heaing, Judge Edward Woodcraft told Mr Macharia: 'The fact I have released you on bail is not an indication that you will forever more be allowed to stay in the United Kingdom.'

The Home Office would not comment on the case, but a spokesman told the Press Association that the UK government 'has a proud record of providing protection for asylum seekers fleeing persecution because of their sexual orientation or gender identity'.

Following the hearing room, Mr Macharia's mother Jacinta smiled and said: 'I'm so happy.'

Harmondsworth Immigration Removal Centre in west London (pictured above) where Mr Macharia is being held

Bristol Bisons captain Murray Jones was at the hearing and said he and his team mates are 'elated' that Mr Macharia was granted bail.

Speaking to his team-mates by telephone before he left the centre, Mr Macharia said: 'I am very happy that I have been released.'

Even though he was granted bail, the hearing heard that his removal is still 'imminent'.

After the hearing, his friend of three years, and team-mate, Mr Jones, said: 'It's been a roller coaster ride today with all of us in the court listening to Ken's case but we've come out and he's been granted bail.

Ken Macharia (centre) with supporters (left to right) Gareth Williams, Joseph Butler, Murray Jones and Przemek Szczodry from the Bristol Bisons rugby team

'So we're past the first hurdle.

'We had a real wobble last night and a lot of people have rallied around on social media, including everyone else, to help Ken out.

'And that's been a major advantage today for us to win this minor hurdle and the fact that he's been granted bail it doesn't mean that he gets to stay in this country at all, but it means it buys us time so we can get more support and more funds to make sure that he can be granted permanence in this country which is still overhanging.'

What are the laws in Kenya surrounding LGBT citizens  

What is the situation that Kenneth Macharia faces in his home nation of Kenya?

Kenya's constitution protects the right to free speech and expression, so identifying as lesbian, gay, bisexual, transgender or queer (LGBTQ) is not banned.

However, the nation maintains Victorian-era laws from when it was under British colonial rule, including the so-called 'sodomy offence'.

Section 162 of its penal code criminalises 'carnal knowledge of any person against the order of nature', which is used to ban private acts of gay sex. The punishment is up to 14 years' imprisonment.

Section 165 also targets public acts of 'gross indecency' between two men and carries up to five years' jail-time. This can include affectionate acts, such as kissing or holding hands.

What does the UK government say? 

The UK Government's advice to gay travellers highlights the risk and states that: 'Homosexual activity is illegal.

'Public displays of homosexuality like holding hands or kissing in public places could lead to arrest and imprisonment.'

There is also a threat of violence, with a Kenya National Commission on Human Rights report in 2012 warning LGBTQ people suffer 'gross discrimination and stigma'.

They can be victims of 'physical harassment' and also there have been 'cases of assault by mob justice' where 'police often fail to come to their rescue', the report adds. 

 

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News Pictures Gay rugby player is granted bail but warned he may still be booted out of UK 

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