The ruling on gay sex marriages has been postponed to May 24 over challenges with the bench of judges.
Justice Chacha Mwita who addressed the court on Friday said the judges have had challenges in writing the ruling.
“You may not like the news I have today. We are still working. One of our colleagues is still on leave. We ask you to give us up to May,” he said.
The challenges involve the huge volumes of files since that were not sent on hard copies instead of soft copies by the parties.
Mwita apologised on behalf of the three-judge bench. He said most of the judges were in other benches so getting them together has been a hard task.
He noted that the only time they can meet is from April.
There was a quiet air of excitement at the offices of the National Gay and Lesbian Human Rights Commission, as the countdown draws closer to Friday when a much-awaited ruling by Kenya’s High Court could make history.
The charity has fought hundreds of cases of abuse against sexual minorities in Kenya’s courts, but the verdict on whether to scrap British colonial-era laws criminalising gay sex is undoubtedly their most eagerly anticipated case.
Homosexuality is taboo and persecution of sexual minorities is rife. Under sections of Kenya’s penal code, gay sex – or “carnal knowledge against the order of nature” – is punishable by up to 14 years in jail.
Campaigners say the laws have long promoted homophobia in the largely conservative Christian country – and are used daily to persecute and discriminate against sexual minorities.
They face prejudice in getting jobs, renting housing or seeking medical care or education.
Since the date of the ruling was announced in October, LGBT+ activists across the world have been counting down the days on social media with hashtags such as #WeAreAllKenyans, #LoveIsHuman and #Repeal162.
Here are photos from the court: