Gay rights in Kenya

Homosexuality in Kenya is criminalised by the law and may result in imprisonment. Homosexuality is taboo in parts of society. Despite this, homosexuality exists in Kenya, and various organisations are working for LGBT rights.

Acceptance of homosexuality in Kenyan society

According to the 2007 Pew Global Attitudes Project, 96% of Kenyans said that homosexuality should be rejected by society, one of the highest rates of the 44 countries surveyed. In February 2010, people suspected of homosexuality were targeted in mob violence at a government health center.

In November 2010 the Kenyan Prime Minister Raila Odinga condemned homosexuality saying "If found the homosexuals should be arrested and taken to relevant authorities". He also stated that homosexuality is unnatural and it is mad for men to fall in love with each other while there are plenty of women available. Odinga retracted his statements days later, saying he only meant that same-sex marriages are illegal in Kenya.

There is a plan for CCTV surveillance in Kenyan prisons in order to curb sex between male inmates.

The U.S. Department of State's 2010 Human Rights Report found that "lesbian, gay, bisexual, and transgender (LGBT) advocacy organizations, such as the Gay and Lesbian Coalition of Kenya (GALCK), were permitted to register and conduct activities. There was frequent and widespread societal discrimination based on sexual orientation during the year."

Law

Sections 162 to 165 of the Kenyan Penal Code criminalize homosexual behaviour and attempted homosexual behaviour between men, which is referred to as "carnal knowledge against the order of nature". The penalty is 5 to 14 years' imprisonment. The age of consent is 16. Lesbian relations are not currently prohibited in the law, although Prime Minister Odinga has recently called for them to be arrested along with gay men.

Homosexuality remains criminalized in Kenya, and even though there are few prosecutions in the country on the sections of the penal code (162–165), that criminalize it; LGBTI people are routinely harassed by the police, held in remand houses for long without charges being preferred against them, and presented in court, on trumped-up charges. Closely related to this, is a cartel of corrupt police officials who routinely extort and blackmail LGBTI people with the threat of arrest and imprisonment if they do not give them bribes.

In August 2006, a bill known as "Njoki Ndungu bill" was published into law, with the aim was to consolidate all the sexual offenses into one body. The bill was published into law in August, but did not change very much the previous sections of the penal code. As such it remains a criminal offense that is punishable by 14 years and five years in the case of attempt.

Same-sex marriage

In October 2009 a Kenyan gay couple, Charles Ngengi and Daniel Chege married in London, United Kingdom. The marriage received a widespread attention in Kenya, with majority of Kenyans strongly condemning the marriage. Daniel Chege's relatives were also harassed by other villagers in Gathiru, Murang’a District.

Although not legalised in Kenya, in February 2010 two Kenyan men attempted to hold a gay wedding in a hotel in Mtwapa. The wedding failed as the National Council of Churches of Kenya (NCCK) and Council of Imams and Preachers of Kenya (CIPK) jointly organised the "Operation Gays Out" to prevent the marriage. The couple were attacked by violent youth during the operation, but were rescued by the police. Sheikh Hussein Ali, Kikambala region coordinator of CIPK said they are "ready to shed their blood to protect the dignity of Mtwapa town".

On 6 August 2010, Kenya ratified a brand new Constitution by the recent approval of the Kenyan people. In Article 45 (2) under Family of the Kenya Constitution, it excludes same sex marriage – because the exact wording is the following: "Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties."

LGBT Organisations

Organizations such as Gaykenya are working to improve access to basic rights and freedoms of gay and lesbian people by calling upon the LGBTI people to register as voters and participate in the civic life. This way they hope to work with politicians and political parties in changing the offensive sections of the penal code.

GALCK brings together 5 organizations that work for emancipation and realization of human rights for the LGBTI people in Kenya. These Groups, include, ISHTAR MSM, which is principally involved in reduction of HIV/AIDS infections among gay people in Kenya. Minority Women in Action (MWA) works on rights realization for Lesbians and bisexual women. The other two are Gaykenya and Tomik whose work focus on rights advocacy and creating a favourable legal environment for the LGBTI Kenyans. Transgender Education and Advocacy (T.E.A.) is the last group to be formed in 2008 that focuses on the human rights and social well being of transgender and intersex identifying individuals.

Transgender, Transsexuals & Intersexuals-Sex Reassignment Therapy-Transgender Education & Advocacy

Transgender, transsexuals are people who identify as a sex opposite (or different) from the one assigned at birth. Intersexuals (formerly known as hermaphrodites) are people born with mixed sex anatomies (a vagina and penis), atypical chromosal configurations (XXY, X0) and ambiguous genitalia.

Transgender people/transsexuals and intersexuals face stigma, discrimination and violence in Kenya. They are denied sex reassignment therapy (SRT) in public hospitals and then granted the same in private hospitals at exorbitant prices. Discrimination against transgender and intersexed people is prevalent and so is sexual violence. This is in the areas of recognisition of a third sex by the government, access to justice, employment and other spheres of public life.

The Transgender Education & Advocacy (TEA) works towards creating a public understanding of transsexualism and intersex conditions, challenging oppressive policies and practices against transgender and intersexuals, and advocating for policy and laws to protect transgender and intersex people.

Since the centre was first opened, GALCK has been able to make tremendous progress, in its work through building coalitions with mainstream organizations, like Kenya Human Rights Commission, and HIV/AIDS bodies notably Liverpool VCT, Care and Treatment and National Aids Control Council. Indeed thanks to this relationship, GALCK has for the first time been formally involved in the on-going process of drafting a new HIV/AIDS Strategic plan for this country. Further to that, GALCK is also involved in the review of the National Voluntary Care and HIV Testing Form, so that information collected and counselling given during the VCTs, is reflective of the needs of the LGBTI community in Kenya.

This would never have been possible without the Community Centre which also functions as offices for the 5 organizations. Indeed, just a week before World Aids Day, on 1 December 2008, Galck was able to mobilize 230 LGBTI persons to attend VCT services held at the community Centre itself. This was the first time ever in this country that VCT services specifically targeted LGBTI persons. During this process, important lessons were learnt on the existing VCT policy and implementation gaps, and they are now working with NACC in collaboration with Liverpool VCT, to address this gaps. One notable gap is indicators on HIV prevalence among this community which previously had been estimated at 9.3% but through this exercise was found to be 23%.