International Mechanism Submissions

The criminalization of private consensual same-sex sexual activity between adults leaves sexual and gender minorities at serious risk of harm and systematic exclusion. Lesbian, gay, bisexual, transgender, intersex, queer, and other sexual and gender minority (LGBTIQ+) individuals in Kenya report discrimination, violence, blackmail and extortion, hate crimes, harassment, arrests, prosecution, lack of protection by law enforcement and government officials, stigma while accessing services, and denial of services altogether.

Kenya lacks laws that permit transgender people to legally change their gender. Transgender individuals who engage in sexual activity with cisgender people of a different gender (e.g., transgender men who have sex with cisgender women and transgender women who have sex with cisgender men) may fall victim to the law criminalizing consensual same-sex sexual activity between adults.

In this report we use the acronym LGBTIQ+ to refer to individuals who self-identify as lesbian, gay, bisexual, transgender, intersex, and/or queer. These terms necessarily do not include everyone who may experience violations of their human rights on the basis of their real or perceived sexual orientation, gender identity, gender expression, and/or sex characteristics (“SOGIESC”), which is why we also include a “+” with the acronym. Any use of a modified acronym is intentional in that we are speaking only about certain members of the LGBTIQ+ population.

Information in this report includes first-hand information from LGBTIQ+ Kenyans, both in Kenya and those that have sought asylum abroad, has been used in this submission with their permission.