Illegal since 1897 (as East Africa Protectorate)[1]
Penalty
Up to 14 to 21 years prison with fines.
Gender identity
No
Military
No
Discrimination protections
Limited protection following a legal process[2]
Family rights
Recognition of relationships
No recognition of same-sex unions
Restrictions
Same-sex marriage constitutionally banned since 2010[3]
Adoption
LGBT individuals and same-sex couples are not allowed to adopt
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBT residents.[4][5] Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices (termed "gross indecency") are a felony under section 165 of the same statute, punishable by 5 years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional.[6] The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.
Transgender people have historically suffered discrimination, and there are no statutory provisions relating to transgender rights. However, there have been a series of court rulings in favour of transgender rights, such as the right to change the names appearing on legal documents. It is currently unclear as to whether these rulings constitute substantive law on the issue of changing legal gender.
Kenyan society is highly conservative, and a large majority of people hold negative views of LGBT people.[5] In 2023, Pew Research Center estimated that over 90% of Kenyans oppose same-sex marriage.[7] Nevertheless, public support has slowly been growing and various organisations are working to protect and improve LGBT rights.[8]
^"Where is it illegal to be gay?". BBC News. 10 February 2014.
^Salerno, Rob (4 January 2024). "2023 World Same-Sex Marriage and LGBT Rights Progress – Part 4: Africa and Oceania".
^Cite error: The named reference KenyaRights was invoked but never defined (see the help page).
^"Why are Kenya and Uganda cracking down on LGBTQ rights?". Al Jazeera. 23 March 2023. Retrieved 24 August 2023.
^ abHansford, Amelia. "Kenya set to introduce cruel anti-homosexuality law". PinkNews. Retrieved 18 September 2023.
^"Blow To LGBTQ As High Court Declines To Repeal Section 162 of the Penal Code". KahawaTungu. 24 May 2019. Archived from the original on 29 May 2019. Retrieved 24 May 2019.
^Gubbala, Sneha; Poushter, Jacob; Huang, Christine. "How people around the world view same-sex marriage". Pew Research Center. Retrieved 28 November 2023.
^Lucas Barasa and Joy Wanja (18 May 2010), "Kenya gay demand recognition", Saturday Nation.
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