Connect with us

Kenya

Kenyan advocacy groups criticize appeals court over delayed decriminalization ruling

Lawsuit has been before Court of Appeal since 2019

Published

on

(Image by Bigstock)

Queer Kenyans and advocacy groups have expressed disappointment over the indefinite postponement of a long-awaited decision in their case that seeks to legalize consensual same-sex sexual relations in the country.

Three judges were to hear the landmark case for the LGBTQ community, which has been pending before the Court of Appeal since 2019, on Feb. 5, but the hearing was indefinitely postponed.

One of the judges, Fred Ochieng, unexpectedly withdrew from case “due to personal reasons” and three respondents raised procedural concerns for allegedly not being served properly.

The remaining two judges, Aggrey Muchelule and Joel Ngugi, directed the respondents to be served properly. They also asked Court of Appeal President Daniel Musinga to fully reconstitute the bench and set a new hearing date.

The attorney general and several anti-LGBTQ groups—including the Kenya Christian Professional Forum and the Ummah Foundation, which advocates for Islamic values—are among the respondents. The plaintiffs include the National Gay and Lesbian Human Rights Commission (NGLHRC), the Center for Minority Rights and Strategic Litigation (CMRSL), and GALCK+, which is a coalition of 16 queer rights organizations.     

The LGBTQ rights organizations, however, have criticized the court’s directive and have described the new developments in their case as a scheme to continue “delaying justice” after almost six years of waiting.

“This battle is far from over,” GALCK+ stated. “The push to strike down colonial-era laws that criminalize human rights for LGBTQ+ Kenyans continues in our demand for dignity, equality, and justice. We will not back down.”

The plaintiffs first filed the case, which challenges the constitutionality of Sections 162 and 165 of Kenya’s colonial-era penal code that criminalizes “carnal knowledge against the order of nature” and “indecent acts between males” both in public and private with a 14-year jail term, in the High Court in 2015.

The court in its May 2019 ruling declined to decriminalize the sections, which the queer rights organizations argue the State cannot criminalize consensual same-sex sexual relations between adults. The petitioners also argued the Kenyan constitution forbids the State or any person from discriminating against anyone on any ground, including sex.  

The court, however, maintained the same-sex sexual acts that Sections 162 and 165 criminalize violate the constitutional provision that protects the family as the “natural and fundamental unit of society.” Kenya’s constitution only recognizes consensual sexual relations between a man and a woman.

Although Muchelule and Ngugi assured the postponed appeal case will be prioritized once the new bench is reconstituted, GALCK+ noted the delay is “frustrating” and vowed not to be silenced.

“This is about our lives, our rights, and our freedom,” GALCK+ affirmed. “We are here. We are watching. And we will not stop fighting until love is no longer criminalized. We will continue monitoring the case and standing in solidarity with the queer community.”

GALCK+ further stated it will continue advocacy and engage relevant stakeholders in championing a future that does not criminalize consensual same-sex relations.  

NGLHRC also lamented the postponement, and noted that abolishing the “outdated, discriminatory anti-homosexuality laws” is about upholding fundamental human rights and the dignity of every person, regardless of their sexual orientation, gender identity or expression, or characteristics.

“As we anticipate the new hearing date, we reaffirm our commitment to challenging these unjust laws and continue to collaborate with like-minded and allied partners toward creating a society that upholds the rights and dignity of every individual,” NGLHRC said in a statement.  

CMRSL, which defends in court queer people who authorities have accused of engaging in homosexuality, noted the police continue to target LGBTQ individuals because the penal code sections remain in place.

“These provisions have historically been used by the State to target and harass LGBTQ+ persons based on their gender identity and sexual orientation. These fuel discrimination, marginalization, and persecution,” CMRSL Legal Manager Michael Kioko said.

He reiterated the anti-homosexuality provisions have denied queer people the right to privacy and human dignity, noting authorities have used forced genital examinations and HIV tests as evidence against them.

“These practices infringe upon constitutionally and internationally guaranteed rights, including the right to human dignity, privacy, and freedom from cruel, inhuman, or degrading treatment,” Kioko stated.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Kenya

Kenyan queer groups want MPs to dismiss anti-LGBTQ petition

Activists claim motion lacks evidence

Published

on

Kenyan flag (Photo by rarrarorro/Bigstock)

Kenyan queer rights groups want MPs to dismiss a petition by anti-LGBTQ activists and religious organizations seeking a crackdown on what they describe as a proliferation of homosexuality in the country.

The groups in their written submissions to the National Assembly’s Public Petitions Committee argue the petition presented to parliament in February last year lacks evidence to back up the claims.

“The raft of allegations is presented on their own strength and have no documents to substantiate the said claims,” reads part of the submissions led by KELIN, a coalition of health and human rights bodies. “They claim diseases attributed to the community without any medical proof of the same. The community requests parliament not to be swayed by opinions, preferences, and biases in considering the petition.”

Mohamed Ali, an MP from Kenya’s ruling party that fiercely opposes LGBTQ rights, is the representative of the petitioners as one who presented the measure in the House for probe. The petitioners comprise a group of more than 70 Kenyans from anti-LGBTQ lobby groups and religious bodies under the Kenya Christians Professional Forum and the Muslim Council of Imams and Preachers of Kenya.

The parliamentary committee on Aug. 5 had invited queer rights groups, including KELIN, GALCK+, the Center for Minority Rights and Strategic Litigation, and Initiative for Equality and Non-Discrimination for a hearing.

“We arrived with partners prepared to make submissions opposing the petition by Hon. Mohamed Ali on the so-called ‘proliferation of LGBTQ persons in the country.’ The committee was not ready to proceed and rescheduled to Aug. 7,” CMRSL Legal Manager Michael Kioko said. 

The rescheduled meeting was again postponed indefinitely to an unclear date because the Public Petitions Committee was “illegally constituted” and the queer rights groups were told to wait until members elect its leadership to be duly composed.

The prolonged delay by the committee to inquire into the petition, while the groups wait to appear before it, has been further extended after the parliament on Aug. 20 proceeded on a long break of one month.   

The LGBTQ rights groups’ submissions the Washington Blade has seen acknowledge the petitioners’ constitutional right to engage parliament on legislative matters as the people’s representatives, while noting the House should not be used as a platform to discriminate against the queer community.

“The community points out that the petitioners, while relying on the Constitution to approach parliament, are deliberately orchestrating unconstitutional actions against the community,” the queer rights groups state.

They also argue that the petitioners’ bid to have the queer rights curtailed violates national laws under the Bill of Rights forbidding any form of discrimination and the international conventions like the Universal Declaration on Human Rights, which Kenya has ratified.

The respondents, while challenging the petitioners over the accusation that the Supreme Court overstretched its mandates in an attempt to legalize homosexuality from its recent rulings in favor of the queer community, argued that the anti-LGBTQ lobby groups were simply “fear-mongering” on the effects of the judges’ decisions. They accuse the petitioners of spreading misinformation and note that the court only granted the queer community their constitutional freedom of association by allowing the registration of their LGBTQ organization blocked by the NGOs’ regulator.  

“The community prays that parliament, in considering the petition, is guided by the same ruling as actually summarized and with regard to the right of association and all other rights of the community as members and simply as human beings,” the submissions read.

On the petitioners’ plea for MPs to probe what they describe as an infiltration of the LGBTQ agenda into the Kenyan school books for children to “confuse and mislead them,” the queer rights groups term the claim “far-fetched” for not being backed by evidence from the body overseeing the school curriculum.   

The respondents also note the petitioners did not provide any proof of having shared their concerns with the Kenya Institute of Curriculum Development on the alleged LGBTQ materials in school books. 

While asking MPs to reject the petition “in toto” over lack of proof, the queer rights groups note that LGBTQ people have faced harassment and systemic derogation of their rights guaranteed under the constitution and various international laws.

“The petitioners have now resorted to parliament to pass their discriminatory agenda against the LGBTQ community,” the submissions read.   

The parliamentary committee, when fully constituted to inquire into the petition, will also hear from several government ministers, including Education, Health, Foreign Affairs, Labor and Social Protection, and the Police Inspector General.

Continue Reading

Africa

Kenyan, Ugandan groups demand inclusive HIV programs to fill US funding gap

USAID contributed 80 percent of funding to sub-Saharan Africa programs

Published

on

(Photo by NASA)

Seven months since the Trump-Vance administration froze U.S global aid, African countries whose health programs have been seriously affected have devised new ways to address the funding challenge.

The governments’ urgent interventions, however, come with calls of inclusion from queer rights groups in Kenya and Uganda and elsewhere that have also been seriously impacted, warning their sidelining only implies a lack of seriousness to end HIV/AIDS.  

“We must fund, protect, and institutionalize community leadership to survive this moment and build systems that endure,” Richard Lusimbo, founder of Uganda Key Populations Consortium, said.

Lusimbo noted community-led organizations, including LGBTQ networks, not only implement public health programs but have co-designed them. They have created referral systems, peer support structures, and delivered medical clinics in remote areas that public systems cannot reach.   

We are not there to patch holes,” said Lusimbo. “We are there to lead. Our leadership must be recognized, resourced, and embedded within national systems, and not only consulted once programs are already designed.”

The queer community’s demand for the government interventions comes amid UNAIDS’s latest warning of a serious global HIV response crisis if U.S funding is halted permanently. The agency’s report said this gap would reverse decades-long gains of saving 26.9 million lives from the virus.

“UNAIDS projections show that a permanent discontinuation of support from the United States President’s Emergency Plan for AIDS Relief (PEPFAR) for HIV treatment and prevention could lead to more than 4 million additional AIDS-related deaths and more than 6 million additional new HIV infections by 2029,” its report states.

The annual UNAIDS reportreleased on July 10 notes the sudden dismantlement of the U.S. Agency for International Development — which was the world’s largest contributor to HIV programs for low- and middle-income countries in sub-Saharan Africa and elsewhere — has disrupted prevention and treatment programs.

USAID contributed 80 percent of the total funding for the aforementioned efforts.

The UNAIDS report also notes half of the 9.2 million people with HIV/AIDS around the world last year who needed treatment but were not receiving it lived in Kenya, Uganda, and other sub-Saharan African countries.

It notes the largest gaps are in diagnosing men living with HIV and linking them to treatment and care, while singling out men who are gay and are members of other key populations as the most affected because of discriminatory laws, violence, and stigma.

“In the absence of a cure for HIV, millions of people will continue to need HIV treatment for many decades to come, but funding losses are destabilizing many treatment programs and the efforts to make them more equitable,” UNAIDS warns.

Key populations, including gay men whose clinics, community-led health groups, and queer rights organizations depend largely on PEPFAR and other foreign aid programs, are reeling from the U.S. funding cuts. UNAIDS data notes around 25 percent of people from vulnerable populations in sub-Saharan Africa are denied access to HIV/AIDS programs, which causes new infections.

GALCK+, a Kenyan queer rights group, noted the freezing of PEPFAR funding has impacted most LGBTQ programs. The result has been fewer HIV testing clinics, queer mental health centers and safe spaces, and hospitals no longer offering gender-affirming care.

“Our lives are on the line, and we must fight for every life. Donate, volunteer, and uplift local LGBTQ+ organizations working on healthcare access and community support,” GALCK+ said.  

The queer lobby group also noted forging new partnerships with other international donors is crucial to address the new funding challenge.

Kaleidoscope Trust, a U.K.-based queer rights organization, has stepped in to support LGBTQ groups affected by the U.S. funding freeze.

Although the Global Fund has picked Kenya and Uganda as among the first sub-Saharan African countries to benefit from lenacapavir, a new long-acting injectable PrEP drug, anti-gay discrimination has prevented many people from accessing it.

“This long-acting option has the potential to revolutionize HIV prevention, especially for our community who continue to face stigma or barriers in accessing daily oral PrEP,” Lusimbo said.

Kenyan, Ugandan governments work to bridge funding gap

The PEPFAR funding cut has led to the closure of hundreds of HIV treatment clinics and disrupted the supply of antiretroviral drugs, forcing Kenya and Uganda to reconsider domestic financing through national budgets passed last month. 

Kenya, which received a total of $322 million in PEPFAR funding in 2024, increased its national budget for the health sector by $85 million, from $983 million in the previous financial year to $1.07 billion in the current one, in an attempt to bridge the shortfall.

The additional funding resulted from a joint high-level meeting of top officials from national and local governments, health sector players, and relevant communities in March to agree on a sustainable HIV response plan.

The plan entails redesigning medical service delivery to integrate HIV and other diseases in reproductive, maternal, newborn, child, and adolescent health programs. It also involves more domestic funding for HIV products, vaccines, and effective health management systems.

NEPHAK, a Kenyan national network that works with people living with HIV and those at risk of the virus, has called for immediate integration of HIV care into general health care. NEPHAK has also said HIV treatment should be included in the country’s universal health coverage plan.

Uganda also convened a high-level national health financing dialogue in May in response to the U.S funding pause to explore ways of increasing its health sector spending, which has stood between $52-$57 per capita, below the World Health Organization’s recommended $86 minimum.

“Organizations in Uganda are asking for more local money for health and SRHR (sexual and reproductive health rights), better use of budgets, and more community involvement and engagement in all the processes,” stated CEHURD Uganda, a local health social justice rights group. Uganda this financial year increased its health sector’s budget to 8.1 percent from 4 percent in the last financial year, a move lauded by CEHURD as the only way towards having a robust health sector.     

Continue Reading

Kenya

Queer Kenyans, Ugandans celebrate Pride month

Pan-African Conference on Family Values took place in Nairobi in May

Published

on

(Washington Blade photo by Ernesto Valle)

As queer people around the world celebrate Pride month, their Kenyan and Ugandan counterparts are also marking it with a strong message of defiance and resistance.

Their agitation for “dignity, safety, and liberation” in homophobic environments follows last month’s second Pan-African Conference on Family Values in Nairobi, whose delegates were concerned about the push to normalize so-called LGBTQ practices on the continent and resolved to resist.      

The Initiative for Equality and Non Discrimination, a Kenyan LGBTQ rights organization, for instance cites Pride’s founding spirit of protest to resist the attempt to “erase, silence and oppress” queer people.  

“In a world that tries to diminish our existence, choosing joy becomes a radical act. Queer joy is not just a celebration, it is resistance. It is healing. It is a bold declaration; we are here, we are whole, and we deserve to thrive,” INEND states

It affirms that queer people have space for rage, resistance, softness, and joy as they honor the roots of Pride packed with a variety of activities for the group throughout the month.    

“We demand inclusion, we bask for visibility and we dance through the fire. This, too, is revolution,” INEND says. 

During the Pan-African Conference on Family Values meeting, which delegates from national governments, anti-LGBTQ lobby groups, academic and religious institutions, and international partners attended, Kenyan National Assembly Speaker Moses Wetang’ula affirmed the country’s position on marriage between a man and a woman as the constitution states. Wetang’ula advocates for laws that protect the “traditional family” and cultural values against what he described as Western imports.

“I urge our legislators that they should shield the good provisions of our constitution on family from ideological redefinitions of marriage seeking to recognize outlawed same-sex relationships,” Wetang’ula said. 

He also asked lawmakers to enact laws to prohibit comprehensive sexuality education in schools and only permit a science-based curriculum that is appropriate to the age, development level, and cultural background of school children without normalizing same-sex sexual acts and relationships.

“In modern times, across all nations, there have emerged two forces: one fighting for, and the other pursuing ideologies, positions, and acts that are against the traditional family,” Wetang’ula said. 

The delegates during the conference, which sparked criticism from Kenyan queer groups committed to resist the imposition of LGBTQ rights and other so-called external values under the pretense of development aid, international agreements, or donor partnerships that conflict with national laws and cultural integrity. They also committed to establishing, strengthening, and coordinating “pro-family” advocacy platforms and multi-sector coalitions at national, regional, and continental levels to engage with policymakers, legislators, and public education players.  

This pledge was in response to the delegates’ concerns over external manipulation of national legislative processes through covert or overt efforts to influence or bypass national parliaments in adopting judicial decisions that redefine family, life, and gender. They were also concerned over the global push to normalize gender fluidity and “non-biological” sexual identities in law, education, and healthcare, contrary to established biological, African culture, and religious norms.  

The delegates asked the African governments, parliaments, the African Union, and regional economic blocs to urgently undertake legislative reviews and reforms to ensure all national laws align with constitutional protections for the family, life, and parental rights. The Initiative for Equality and Non Discrimination, however, argue that describing queerness as un-African is a lie and a tool of imperialism used as a weapon to justify violence, exclusion and erasure, which should be rejected as it was enacted by colonial powers. 

Kenya’s queer community has nevertheless lined up a month’s worth of Pride events in Nairobi, the country, and across the country. Some of the locations are not publicly disclosed because of security reasons.

The events calendar that Galck, a group of 16 LGBTQ rights organizations, released includes entertainment and socializing every Friday evening in various places for queer party lovers. The celebrations also include queer community networking events to empower each other, meet-ups in safe places for soft, acoustic jam sessions and reflection, queer community days where the group gather to connect and celebrate queer lives. 

The calendar also invites queer people to participate in an open conversation with Galck, a trivia and karaoke event with the National Gay and Lesbian Human Rights Commission, a supportive healing circle termed ‘Healing out Loud’ for distressed queer people, and a queer community potluck for the group to enjoy food, fun and connection. 

Other Pride events include queer love edition for singles, an art exhibition that includes rainbow- themed painting, a healing-centred therapy workshop termed “Chosen Family, Chosen Self,” a literary forum for bookworms to celebrate queer African literature, and movie night for film lovers.

The Cosmopolitan Affirming Community, a Nairobi-based church for queer people, has organized Gospel Sunday. Trek Tribe Kenya, an outdoor activity organizer, is also organizing activities that include climbing Mount Kenya, Africa’s second-highest mountain, hiking the gorges of Hell’s Gate National Park, and enjoying a “Pastel in the Park” wellness treat. 

“Respect the spaces you attend as they are safe, affirming environments, and take care of oneself and each other during Pride fun fare celebration,” Galck urges.  

‘Pride is not just parades or celebrations’

Their queer counterparts in Uganda are also having an eventful Pride month, despite persistent challenges.

“Pride is not just parades or celebrations. It is solidarity for many who cannot celebrate or march. It means refusing to be erased and choosing to simply be who you are,” said Sexual Minorities Uganda, which LGBTQ activist Frank Mugisha leads.

Continue Reading

Popular