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.
- 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.
- 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 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”.
What have the political responses been?
- 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.
- Kenya’s deputy president Rigathi Gachagua added that the government wouldn’t “condone” same-sex relations, a sentiment shared by president William Ruto.
- Kenya’s first lady, Rachel Ruto, has also claimed that LGBTIQ+ people are a threat to the institution of the family.
Based on your research, what have you learnt about what it’s like for LGBTIQ+ people in Kenya?
- They have told us that the recent supreme court decision was a step towards decriminalising same-sex sexual acts and was cause for celebration.
- Unfortunately, the ruling unleashed vicious anti-LGBTIQ+ attacks targeting organisations, activists and citizens.
- In WhatsApp groups with family or work, people write anti-queer things, and you need to stay silent not to out yourself.
- In WhatsApp groups with family or work, people write anti-queer things, and you need to stay silent not to out yourself.
What can be done to empower queer individuals and groups in Kenya?
- As one queer activist told us:
They eat with us, but when things get tough, we stand alone. - This silence sends a dangerous message to the government and religious organisations: they can freely target queer individuals and groups without facing resistance or solidarity from the broader community.
- Promoting safe spaces and access to stable incomes on a collective level can create a foundation that empowers queer individuals and groups to fight for dignity and respect.
- Naomi van Stapele is affiliated with Minority Womxn in Action — MWA, a queer activist organisation in Kenya.