Kenya’s National Gay and Lesbian Human Rights Commission (NGLHRC) won a Supreme Court ruling in February that allowed it to register as a non-governmental organization (NGO), reversing a ban imposed by the national board that regulates NGOs. While the ruling was welcomed by the commission, it has also led to a menacing backlash against Kenya’s LGBTQ community.
Same-sex acts are still punishable by up to 14 years in prison in Kenya, making the Supreme Court’s decision a mixed blessing for the LGBTQ community. President William Ruto, while respecting the court’s decision, stated that “it doesn’t mean we have to agree with it.” Meanwhile, NGLHRC activists have reported a surge in threats against the community, including assaults, threats, and discrimination.
Calls reporting abuse received by NGLHRC rose from 78 in January to 117 in February and 367 in March. Discrimination, by employers, landlords, and healthcare providers, is also on the rise. In addition, one lawmaker has threatened to introduce a bill imposing a life sentence for homosexual acts.
For Kevin Mwachiro, an LGBTQ activist for 15 years, this is the most challenging time that the community inside Kenya has experienced. “People… feel like they have the right to attack you. And they feel that they have that right because of what has been said in the press, what the government has said,” he said.
Despite the hostility, Kenya is still considered a relative haven for LGBTQ people in a region where same-sex relations are illegal in more than 30 other African countries. However, the increase in threats and discrimination following the court’s decision indicates that the situation is becoming more challenging for Kenya’s LGBTQ community.
The Supreme Court’s decision in favor of NGLHRC was based on the violation of constitutional freedoms of association and protections against discrimination. Nevertheless, discrimination and threats against Kenya’s LGBTQ community have only increased since the ruling. With the surge of abuse and discrimination, the LGBTQ community is living in a state of uncertainty about what the future holds for them in Kenya.
As the struggle for LGBTQ rights continues, the Kenyan government must take steps to protect the community from discrimination and abuse.