LGBT rights in Kenya
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBT residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices (termed "gross indecency") are a felony under section 165 of the same statute, punishable by 5 years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.
LGBT rights in Kenya | |
|---|---|
| Status | Illegal since 1897 (as East Africa Protectorate) |
| Penalty | Up to 14 to 21 years prison with fines. |
| Gender identity | No |
| Military | No |
| Discrimination protections | Limited protection following a legal process |
| Family rights | |
| Recognition of relationships | No recognition of same-sex unions |
| Restrictions | Same-sex marriage constitutionally banned since 2010 |
| Adoption | LGBT individuals and same-sex couples are not allowed to adopt |
Transgender people have historically suffered discrimination, and there are no statutory provisions relating to transgender rights. However, there have been a series of court rulings in favour of transgender rights, such as the right to change the names appearing on legal documents. It is currently unclear as to whether these rulings constitute substantive law on the issue of changing legal gender.
Kenyan society is highly conservative, and a large majority of people hold negative views of LGBT people. In 2023, Pew Research Center estimated that over 90% of Kenyans oppose same-sex marriage. Nevertheless, public support has slowly been growing and various organisations are working to protect and improve LGBT rights.