By James Wallunya
The constitution of Kenya (2010) Sections 162 to 165 regards homosexuality as an act against the law of nature hence criminalizing attempted or actual homosexual behavior, stipulating the penalty from 5 up to 14 years imprisonment. This however, doesn’t mean that the Lesbian, gay, bisexual and transgender community (LGBT) community doesn’t exist in Kenya, in fact they do, with records of their existence dating back to pre-colonial periods. The Kisii, Nandi, Meru, Iteso and Kikuyu communities of Kenya each have a history of same sex marriages. In the Meru community for instance, male ritual leaders known as Mugawe dressed like women and were frequently homosexuals, married by other men. The same trend is replicated in neighboring Uganda, Tanzania and Sudan being part of up to thirty (30) African countries that had gay relationships during the earlier periods. Today, the group exists in the shadows partly because of penal code, the fact that they are deemed unnatural and a myriad of other challenges that they face.
For many years, homophobia has been pervasive in the country, leaving the LGBT community exposed to torture, abuse, humiliation, violence and social rejection resulting to injury, death, mental and psychological torture of the community. The minority group seemed defenseless and it’s for this reason that the national Gay and Lesbians Human Rights Commission was formed. The relentless group had made several previous attempts to be recognized and registered in the country which were all rejected based on the constitution and moral grounds. However, on April 27, 2015, the High court made a landmark ruling when it ordered and/or allowed the Non-governmental organization(s) Coordination Board to recognize and register the said lobby group in a ruling was celebrated by the LGBT community and their supporters both locally and internationally. The court’s decision was met by the fact that the constitution allows the recognition of the rights of every person including minority groups. The three-judge bench that made the ruling also made it clear that the registration is not either about morals or religious beliefs as the constitution does not set limits on unalienable rights of a person.
The ruling became controversial and sparked debate in the East African nation with people from all walks of life contributing their mixed opinions towards the LGBT, and as a result, exposing a conservative class of Kenyans, who are against the ruling citing that it goes against African customs, religious doctrines and the Law of Nature in which all living organisms are meant to have heterosexual relationships (sexual relationships with an individual from the opposite gender) others claim that the ruling goes against the penal code which criminalizes homosexuality. This group came out strongly through social and mass media against those who welcomed the ruling, with the view that it was just, based on human rights and personal philosophy of letting a person be, in regard to their dignity and the entire LGBT community.
The High court ruling emerged as a step towards ending discrimination, stereotyping, intolerance, violence and prejudice against LGBT and marginalized sexual minorities in the country and is widely perceived as a step closer to fully recognizing the LGBT community by law. The ruling, whether moral or immoral, popular or not, contributed to efforts being made globally to foster democracy, equality, acceptance and tolerance in regards to the LGBT.
For many years, homophobia has been pervasive in the country, leaving the LGBT community exposed to torture, abuse, humiliation, violence and social rejection resulting to injury, death, mental and psychological torture of the community. The minority group seemed defenseless and it’s for this reason that the national Gay and Lesbians Human Rights Commission was formed. The relentless group had made several previous attempts to be recognized and registered in the country which were all rejected based on the constitution and moral grounds. However, on April 27, 2015, the High court made a landmark ruling when it ordered and/or allowed the Non-governmental organization(s) Coordination Board to recognize and register the said lobby group in a ruling was celebrated by the LGBT community and their supporters both locally and internationally. The court’s decision was met by the fact that the constitution allows the recognition of the rights of every person including minority groups. The three-judge bench that made the ruling also made it clear that the registration is not either about morals or religious beliefs as the constitution does not set limits on unalienable rights of a person.
The ruling became controversial and sparked debate in the East African nation with people from all walks of life contributing their mixed opinions towards the LGBT, and as a result, exposing a conservative class of Kenyans, who are against the ruling citing that it goes against African customs, religious doctrines and the Law of Nature in which all living organisms are meant to have heterosexual relationships (sexual relationships with an individual from the opposite gender) others claim that the ruling goes against the penal code which criminalizes homosexuality. This group came out strongly through social and mass media against those who welcomed the ruling, with the view that it was just, based on human rights and personal philosophy of letting a person be, in regard to their dignity and the entire LGBT community.
The High court ruling emerged as a step towards ending discrimination, stereotyping, intolerance, violence and prejudice against LGBT and marginalized sexual minorities in the country and is widely perceived as a step closer to fully recognizing the LGBT community by law. The ruling, whether moral or immoral, popular or not, contributed to efforts being made globally to foster democracy, equality, acceptance and tolerance in regards to the LGBT.