Kenya: Queerphobia in Kenya – a Supreme Court Ruling On Gay Rights Triggers a New Wave of Anger Against the LGBTIQ+ Community
The Kenyan supreme court recently struck down a government decision to ban the registration of an LGBTIQ+ community rights organisation, sparking new homophobic rhetoric in the country. Kenya is one of 32 African countries that criminalises homosexuality. Those who identify as part of the LGBTIQ+ community are often discriminated against, harassed and assaulted. Lise Woensdregt and Naomi van Stapele, who have researched queer experiences in Kenya for nine years, explain the impact of this ruling.
What is the significance of the recent Kenyan supreme court ruling on a gay rights organisation?
The Kenyan supreme court ruled on 24 February 2023 that the government was wrong to ban the LGBTIQ+ community from registering the National Gay & Lesbian Human Rights Commission. The commission provides legal aid, and works to change the law and policy around LGBTIQ+ persons in Kenya. The commission celebrated this court ruling as a small but significant affirmation of its place in Kenyan society.
The ruling, however, didn’t alter the Kenyan penal code, which criminalises sexual acts “against the order of nature”. This, in effect, criminalises same-sex sexual acts. Those found guilty face up to 14 years in prison.
The law has fuelled stigma and discrimination against queer individuals, making them more vulnerable to violence.
We have been studying queer experiences in Nairobi, working closely with LGBTIQ+ self-led organisations. Those involved in our research have been experiencing mounting violence in recent years. The ruling triggered fears among members of the LGBTIQ+ community across Kenya of increased violence.
What have the political responses been?
A backlash against progress in gender and sexual rights is not uncommon. Pushing for progress in these areas can evoke hate and counter-offensives.
The Kenyan government has joined churches and mosques in their vitriol condemning not only the supreme court judges, but also LGBTIQ+ activists, organisations and citizens. For example, a member of parliament declared that being LGBTIQ+ is worse than murder. He described homosexuality as
a foreign practice from the West that’s not aligned with African cultures and as such, severe punishment should be meted out on offenders.
Kenya’s deputy president Rigathi Gachagua added that the government wouldn’t “condone” same-sex relations, a sentiment shared by president William Ruto. The president has previously said that unemployment and hunger are the “real” issues, not LGBTIQ+ concerns, and that tradition must be respected.
Kenya’s first lady, Rachel Ruto, has also claimed that LGBTIQ+ people are a threat to the institution of the family. Another member of parliament, Peter Kaluma, recently submitted a family protection bill that includes provisions to criminalise LGBTIQ+ organising, funding and, what is ominously termed, “behaviours”.
