what does LGBTQI stand for?
LGBTQI represents lesbian, gay, bisexual, transgender, queer, and intersex individuals.
how does someone know that their sexual orientation?
Some people say that they have "felt different" or knew they were attracted to people of the same sex from the time they were very young. Some transgender people talk about feeling from an early age that their gender identity did not match parental and social expectations. Others do not discover their sexual orientation or gender identity until they are adolescents or adults, or people's feelings may change over time. With better understandings of LGBTQI+ people and more diversity and inclusion in different parts of the world, it is becoming easier for people to identify their feelings through experimentation and self introspection
What is homophobia and transphobia?
Homophobia is an irrational fear or hatred of lesbian, gay or bisexual people; transphobia denotes an irrational fear or hatred of transgender people. Because the term homophobia is widely understood, it is often used in an all-encompassing way to refer to fear, hatred and aversion towards LGBTQI+ people in general.
what is the law in Kenya regarding the LGBTQI+ community?
Kenyan law currently remains conservative regarding LGBTQ rights, with same-sex relationships and activities between adults considered illegal. The legal framework governing this is primarily rooted in colonial-era laws found in Sections 162, 163, and 165 of the Penal Code, which criminalize "unnatural offenses" and acts deemed "indecent practices between males." Violations of these laws can result in sentences ranging from 5 to 14 years in prison.
Some key points in the legal and social landscape around LGBTQ issues in Kenya include:
1. Criminalization and Enforcement: The Kenyan Penal Code makes it a criminal offense for people to engage in same-sex relations. Although prosecutions are rare, the law creates a climate of fear and discrimination. Many LGBTQ individuals face harassment, blackmail, and police abuse.
2. Court Cases and Judicial Decision: In 2019, Kenya’s High Court upheld these colonial-era laws, rejecting a petition to decriminalize same-sex relations. The court ruled that the laws were not discriminatory and emphasized that LGBTQ rights were not part of the country’s "traditions and culture."
3. Right to Association: The Kenyan courts have had mixed responses when it comes to freedom of association for LGBTQ organizations. In 2015, the High Court ruled that an LGBTQ organization, the National Gay and Lesbian Human Rights Commission (NGLHRC), could legally register with the government, stating that denying registration was unconstitutional. This ruling was upheld by the Kenyan Supreme Court in 2023, which allowed LGBTQ advocacy groups to legally register despite societal disapproval.
4. Public Opinion and Political Discourse: Kenyan society remains largely opposed to LGBTQ rights, with influential religious groups, political figures, and traditional leaders often voicing strong opposition. Public opinion has been a significant obstacle to progress in legal reforms.
5. Human Rights Perspective: Although the Kenyan Constitution guarantees certain rights, such as the right to dignity, privacy, and equality, the interpretation of these rights regarding sexual orientation is often conservative. Human rights organizations in Kenya and internationally continue to advocate for decriminalization and protection from discrimination.
Despite the challenging legal environment, the Kenyan LGBTQ community has been resilient, finding ways to advocate for rights and seek social acceptance. However, discrimination, stigma, and lack of legal protections remain persistent issues.