By Doris Kathia
Kenya’s constitution, in article 8, stipulates that the state and religion shall be separate entities. However, since the recent election, the state house has been heavily influenced by religious leaders, resulting in discrimination against minority groups such as the LGBTIQ+ community. The recent ruling by the Supreme Court of Kenya to allow the registration of the National Gay and Lesbian Human Rights Commission (NGLHRC) is a step towards promoting the rights and protecting the equality and inclusion of LGBTIQ+ individuals and communities in Kenya.
Unfortunately, the homophobic spirit is still rampant in Kenya, starting in families and spreading to communities. Hatred towards LGBTIQ+ individuals is viral, especially due to religion and politics. The president’s condemnation of homosexuality, along with other political figures, has spread hatred against LGBTIQ+ individuals and has increased violence against them. Coordinated attacks, supported by religious leaders, continue to harm more lives than just those of the LGBTIQ+ community.
Homophobia is the irrational fear and hatred towards individuals with same-sex relations. In Kenya, homophobic incidents still occur, with recent examples such as the murder and sexual assault of Chiloba. Misinformation is largely to blame for the hostility towards the LGBTIQ+ population in Kenya. Scientists and psychologists from around the world have discredited reparative and conversion therapy, which is the treatment used to alter sexual orientation. To promote human rights for gender minorities, societal change and acceptance are needed rather than trying to change individuals’ sexual orientation.
Freedom of association is a human right and is clearly stated in the constitution, therefore, everyone irrespective of whether their views, orientation, and identity are popular or not, deserves to be treated and live without fear of discrimination and violence. The supreme court ruling is regarding the registration of an organization and not same-sex marriages. Being homosexual is not prohibited by the constitution or any international laws. However, it is unlawful for two males to have “carnal knowledge against the order of nature,” which carries a potential penalty of 14 years in prison.
Unfortunately, misinformation surrounding the ruling continues to spread, leading to more hostility towards the LGBTIQ+ community. Many falsely believe that the court ruled in favour of the NGLHRC registration in order to receive donations from the United States on the condition that Kenya should promote LGBTIQ+. This misinformation has led to the public’s belief that LGBTIQ+ individuals are a threat to the country, despite their struggle for survival in a conducive environment.
We must realize that there are more significant problems in Kenya other than condemning and rebuking LGBTIQ+ individuals. Recently, 10 girls have been defiled, yet we do not see the same magnitude of condemnation and rebuke towards the perpetrators. Instead, the president and religious leaders call for prayers and forgiveness for the perpetrators. It is time to stop limiting people’s human rights due to immorality and instead promote the full realization of human rights for all individuals, irrespective of their sexual orientation, gender identity, and expression.
As Sexual and Reproductive Health Rights (SRHR) youth advocates at NAYA Kenya, we believe that it is time for a change. We must create a conducive environment for everyone’s safety and promote equal rights for all. It is only through acceptance and understanding that we can overcome homophobia and misinformation, and create a better future for all.
Ms Kathia is a Sexual and reproductive health rights (SRHR) youth advocate at NAYA Kenya and a communication consultant
