Kenya
Kenyan advocacy groups criticize appeals court over delayed decriminalization ruling
Lawsuit has been before Court of Appeal since 2019

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.
Kenya
Queer Kenyans, Ugandans celebrate Pride month
Pan-African Conference on Family Values took place in Nairobi in May

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.
Kenya
Kenya Red Cross-owned hotel to host anti-LGBTQ conference
Speakers from US, European countries to participate in May 12-17 gathering

Plans to host a family values meeting next month in a 5-star hotel in Nairobi that the Kenya Red Cross Society co-owns have sparked an uproar among local queer rights groups.
The groups accuse the Kenya Red Cross of violating its Global Fund commitment of protecting key populations by allowing its Boma Hotel to host an “anti-gender and anti-LGBTQ” conference.
Influential guest speakers from the U.S., the Netherlands, Spain, and Poland will preside over the Pan-African Conference on Family Values that will take place from May 12-17. The Kenyan advocacy groups say these speakers’ organizations are globally recognized for undermining LGBTQ rights.
“As the principal recipient of Global Fund in Kenya, hosting this event contradicts (the) Red Cross’s humanitarian mission and threatens the safety and dignity of people living with HIV, women and LGBTQ+ individuals, the communities that Kenya Red Cross Society has long committed to supporting,” the queer rights groups state.
The LGBTQ groups that have criticized the Kenya Red Cross include Upinde Advocates for Inclusion, the Initiative for Equality and Non-Discrimination, and Gay and Lesbian Coalition of Kenya. They have also launched an online signature collection drive to compel the Kenya Red Cross to withdraw the hotel from hosting the “Promoting and Protecting Family Values in Challenging Times”-themed conference.
“The event’s so-called ‘family values’ narrative is a smokescreen for policies that push hateful legislation and promote death, discrimination, femicide, gender-based violence, and restrict fundamental freedoms across Africa,” the groups said.
The pro-life Western organizations that are scheduled to participate in the conference include Family Watch International from the U.S., CitizenGo from Spain, the Ordo Luris Institute from Poland, Christian Council International from the Netherlands, the New York-based Center for Family and Human Rights (C-FAM), and the Foundation for American Cultural Heritage. Their local counterparts include the National Council of Churches of Kenya, the Kenya Christian Professionals Forum, the Africa Christian Professionals Forum, and the Evangelical Alliance of Kenya.
C-FAM President Austin Ruse; Family Research Council Vice President for Policy and Government Affairs Travis Wever; Global Life Campaign Executive Director Thomas W. Jacobson; and the Rev. Ricky Chelette, executive director of Living Hope Ministries, Inc., and president of the Institute of Biblical Sexuality are among the U.S. guest speakers. Other participants include Henk Jan van Schthorst, president of Christian Council International’s board of directors, Ordo Luris Institute President Jerzy Kwasniewskie and his colleague, Rafal Dorosinski, director of the group’s Legal Analysis Center.
The Kenyan groups through their online petition — “Tell Red Cross Kenya Not to Give Hate a Platform” — has so far raised more than 1,000 of the 10,000 signatures they hope to collect. The petition is addressed to Red Cross Kenya Secretary-General Ahmed Idris and his predecessor, Abbas Gullet, who is the hotel’s director.
“We call on you to immediately cancel this booking and publicly reaffirm Red Cross’ commitment to human rights, health and inclusivity,” the petition reads. “Failure to act will raise concerns about whether (the) Red Cross can still be trusted by the community to lead with empathy and fight for their rights.”
The Kenya Red Cross, however, maintains the Boma Hotel is a separate entity, even though public records indicate it is one of the facility’s shareholders.
The LGBTQ groups note the hotel should be a safe space that promotes inclusion, not platforms that enable “harmful gathering” for hate and exclusion by “dangerous groups.”
“By providing a venue for this event, Red Cross directly enables a platform for hate and discrimination — a stark contradiction to the values of inclusivity, humanity, and nondiscrimination that the organization claims to uphold,” they said.
The organizations further warn that proceeding to host the conference threatens the relationship between the Red Cross and the marginalized communities who have long depended on the humanitarian organization for support and protection. CitizenGo has nonetheless criticized the LGBTQ groups, which it describes as “radical activist groups” for “trying to silence a pro-family event” and asked the Kenya Red Cross and the Boma Hotel not to back down.
“These groups are calling the event ‘hateful’ because it affirms the natural family — marriage between a man and a woman — and the dignity of every human life, including the unborn,” Ann Kioko, the group’s campaign director for Africa and the U.N., said.
Through an online counter signature collection drive, Kioko holds CitizenGo and other groups won’t be intimidated, silenced or apologize to the queer rights groups for defending “our families, our faith and our future”.
“The real goal of these foreign-funded activist groups is to impose LGBTQ and gender ideologies on Africa — ideologies that have led elsewhere to the confusion of children, the breakdown of family structures and the rise of sexual libertinism that results in abortion, STIs and lifelong emotional and psychological trauma,” Kioko stated.
Kenya
Outcome of transgender rights case in Kenya remains uncertain
Country’s attorney general has asked High Court to dismiss lawsuit

Transgender Kenyans’ efforts to receive birth certificates that reflect their gender identity now hang in the balance, despite several legal victories.
Attorney General Dorcus Oduor has asked the High Court to dismiss a pending case that three trans people have filed. Oduor argues a person is born either “a boy or a girl” and existing laws do not allow for anyone to change their sex in adulthood.
Oduor in her written submission to Justice Bahati Mwamuye also argues gender identity and the government’s issuance of a birth certificate are based on a person’s physical appearance. Her argument, however, exempts intersex people.
The government last month officially recognized intersex people in a Kenya Gazette notice that said they can receive birth certificates with an “I” gender marker. The country’s historic intersex rights law took effect in 2022.
“The existing laws of the land do not contemplate change of gender, and marks of transgender are not a basis for determining one’s gender as either male or female,” Oduor states.
Oduor further maintains that a person’s feeling they are “unwillingly living in a wrong body” cannot justify changing their gender. Oduor maintains a person’s gender is based on fact — not feelings — and the plaintiffs at birth were registered and named based on their gender status.
Audrey Mbugua, Maurene Muia, and Arnest Thaiya are the three trans people suing Oduor, the Registrar of Births and Deaths, the National Registration Bureau, and Immigration Services Director General Evelyn Cheluget in order to receive amended birth certificates.
The plaintiffs argue the current discrepancy in crucial documents — birth certificates, national identification cards, and passports — has denied them opportunities and rights. They disagree with Oduor’s position on determining one’s sex, arguing the process is “not scientific, but subjective.”
“There are no identifiers of sex or definitions of the biological or psychological components of sex,” the plaintiffs argue. “In any event, such biological components cannot be limited to genitalia only, but also chromosomes, gonads, hormones, and the brain.”
They further maintain that trans people cannot be forced to live with names of the wrong gender as adults. Oduor, however, maintains that only mistakes, such as spelling errors or parents in ID documents, can be changed and not a gender marker.
Amka Africa Justice, Jinsiangu (“my gender”) Kenya, and the Kenya Human Rights Commission are among the advocacy groups that have joined the case.
Mbugua, a well-known trans activist, has been pushing for legal rights in the court for more than a decade.
She filed a lawsuit in which she demanded the government identify her as a woman and to be allowed to live as one, not as a male as she was registered at birth. A landmark ruling in 2014 ordered the Kenya National Examinations Council to change Mbugua’s name and replace the gender marker on her academic certificates.
Mbugua also founded Transgender Education and Advocacy, a group with more than 100 members. A long court battle that ultimately proved successful allowed Transgender Education and Advocacy to become the first publicly-funded trans rights organization in Kenya.
Transgender Education and Advocacy’s initiatives include offering legal aid to trans people seeking to change their names, photos, and gender markers in documents, pushing for legal reforms to end discrimination based on gender identity and expression, and providing economic assistance to trans people who want to overcome poverty and sexual exploitation.
Jinsiangu Kenya, established in 2018, also champions equal access to health care and other basic services without discrimination based on gender identity and expression.
A report that Jinsiangu Kenya released in July 2021 notes 63 percent of trans people surveyed did not have ID documents or records with gender markers that coincide with their gender identity. The report also notes 10 percent of trans people surveyed said officials denied them an ID card or passport, and they were unemployed because they did not have the proper documents.
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