Can you be gay in kenya

Research in attittudes towards LGBTQ+ issues in Kenya have identified a strong conflict to LGBTQ+ rights, reflecting underlying homophobic sentiments.

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History

Homosexual activity in Kenya

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Homosexual activity in Kenya is illegal (imprisonment as punishment).

Current status
Illegal (imprisonment as punishment)
Article 162, 163 and 165 prohibits homosexuality and offender is punishable by up to 21 years in prison with hard labor and fines

Censorship of LGBT issues in Kenya

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Gender-affirming care in Kenya

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Gender-affirming care in Kenya is restricted.

Legal recognition of non-binary gender in Kenya

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Legal recognition of non-binary gender in Kenya is intersex only.

Current status
The Children Act 2022 states that “The Principal Registrar shall take measures to ensure correct documentation and registration of intersex children at birth.” There's also an amendment to the Births and Deaths Registration Do which states that the Register “shall include details of an intersex kid and intersex person.”

LGBT discrimination in Kenya

“I would rather die”: Kenyan gay and bisexual men’s experiences seeking healthcare

Young gay and bisexual men in Kenya experienced sky-high levels of stigma and discrimination in public healthcare facilities, while reporting more positive experiences in secret and gay-friendly clinics. Online interventions were seen as a way of catering to priority needs and reducing stigmatising experiences, according to a recent qualitative study.

Background

Gay sex is illegal in Kenya, which can make finding non-stigmatising services challenging. The Kenyan Ministry of Health recognises that gay and bisexual men are a key population when it comes to HIV and other STI prevention. This enables community-based and non-governmental organisations to offer gay-friendly services. However, the social stigma associated to being gay, and having gay sex, is widespread and displayed by many healthcare providers across the country.

Dr Samuel Waweru Mwaniki from the University of Nairobi and colleagues had previously interviewed healthcare providers on their perspectives on treating gay men. In this study, they speak to gay men themselves about experiences of stigma and discrimination in healthcare settin

The Kenyan Supreme Court has today ruled that the National Gay and Female homosexual Human Rights Commission (NGLHRC) must be allowed to officially register as a non-governmental organisation (NGO).

In their judgment, the Supreme Court judges held that, ‘(…) it would be unconstitutional to limit the right to associate, through denial of registration of an association, purely on the basis of the sexual orientation of the applicants.’

Importantly, they also ruled, ‘Given that the right to freedom of association is a human right, essential to the functioning of any democratic society as well as an vital prerequisite enjoyment of other fundamental rights and freedoms, we hold that this right is inherent in everyone irrespective of whether the views they are seeking to promote are popular or not.’

The Supreme Court is the apex court in Kenya, essence that the ruling is final and concludes a legal case lasting ten years.

In 2013, Eric Gitari, the former Executive Director of NGLHRC, challenged the Executive Director of the Kenya NGO Coordination Board’s refusal to permit him to apply for registration of an NGO under a name containing the words ‘gay’ or ‘lesbian’. The judges ruled in his fav

LGBTQ+ community in Kenya defies anti-gay protests

The LGBTQ+ society in Kenya is fighting back against recent anti-gay protests pushing for the curtailment of their rights as they seek recognition and acceptance.

Recently, anti-gay protests have taken place tracking a court ruling last month by Kenya's Supreme Court to reaffirm the LGBTQ+ community's right of association.

Kenya's laws outlaw same-sex relationships, but the court reaffirmed an earlier ruling that the Non-Governmental Organization Board in Kenya discriminated against LGBTQ+ people when it refused to register their association.

Anti-gay protesters have since taken to the streets to call for the removal of judges they deem to have relaxed specific laws on LGBTQ+ rights.

Mohammed Ali, a Kenyan lawmaker who was one of the organizers of the anti-gay protests, told DW that there should be no room for LGBTQ+ activities and associated rights in Kenya.

"We do also name upon the head of state, his Excellency President William Ruto, to approach out strongly against LGBTQ machination," Ali said.

Street Debate: Queer rights in Kenya

LGBTQ+ community fights back

Following the Supreme Court ruling, the can you be gay in kenya

Why are Kenya and Uganda cracking down on LGBTQ rights?

Kenya and Uganda are moving to further curtail the rights of lesbian, male lover, bisexual, transgender and queer (LGBTQ) people, whose relationships are already deemed illegal in the conservative East African nations.

After a session long-lasting nearly seven hours, Ugandan lawmakers approved the Anti-Homosexuality Proceed on Tuesday, ordering harsh penalties for anyone who engages in same-sex activity.

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While more than 30 African countries including Uganda already ban queer relationships, the fresh law passed appears to be the first to outlaw merely identifying as LGBTQ, Human Rights Watch said.

In Kenya, a February decree by the Supreme Court upheld rulings by lower courts stating that the government could not lawfully refuse to register an organisation calling itself the National Gay and Lesbian Human Rights Commission (NGLHRC).

But President William Ruto and many