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Regions  ▸  Africa

LGBT Rights in Kenya

    Homosexuality
    ⚢
    ✖ Illegal (imprisonment as punishment)
    Gay Marriage
    ⚭
    ✖ Not legal
    Censorship
    ✖ State-enforced
    Changing Gender
    Ambiguous
    Non-binary gender recognition
    ✖ Intersex only
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Illegal
    Military
    ✖ Illegal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    N/A

Public Opinion

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Research in attittudes towards LGBTQ+ issues in Kenya have identified a strong opposition to LGBTQ+ rights, reflecting underlying homophobic sentiments.

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History

Homosexual activity in Kenya

?

Homosexual activity in Kenya is illegal (imprisonment as punishment).

Current status
Since Aug 1, 1930
Illegal (imprisonment as punishment)
Article 162, 163 and 165 prohibits homosexuality and offender is punishable by up to 21 years in prison with hard labor and fines
Details  ·  Accurate? Yes No
Sources:
web.archive.org/web/2014060…//www.kenyalaw.org/Downloads/GreyBook/8.%20The%20Penal%20Code.pdf
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Kenya

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Same-sex marriage in Kenya is not legal.

Current status
Since Nov 29, 1902
Not legal
Marriage defined as a union between a man and a woman
Details  ·  Accurate? Yes No
Sources:
africanchildforum.org/clr/L…
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Kenya

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Censorship of LGBT Issues in Kenya is state-enforced.

Current status
State-enforced
banned completely
Details  ·  Accurate? Yes No
Sources:
web.archive.org/web/2014060…//www.kenyalaw.org/Downloads/GreyBook/8.%20The%20Penal%20Code.pdf
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Kenya

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Right to change legal gender in Kenya is ambiguous.

Current status
Since Jul 26, 2022
Ambiguous
New legislation only allows intersex persons identified as male or female at birth to request a change to “I.”
Details  ·  Accurate? Yes No
Sources:
state.gov/reports/2022-coun…

southfloridagaynews.com/Wor…
Added by Markissik  ·  0 accurate votes  ·  Report Error  ·  Log

Until Jul 26, 2022
Illegal
not allowed
Details  ·  Accurate? Yes No
Sources:
web.archive.org/web/2014060…//www.kenyalaw.org/Downloads/GreyBook/8.%20The%20Penal%20Code.pdf
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Kenya

?

Legal recognition of non-binary gender in Kenya is intersex only.

Current status
Since Jul 26, 2022
Intersex only
The Children Act 2022 states that “The Principal Registrar shall take measures to ensure correct documentation and registration of intersex children at birth.” There's also an amendment to the Births and Deaths Registration Act which states that the Register “shall include details of an intersex child and intersex person.”
Details  ·  Accurate? Yes No
Sources:
judiciary.go.ke/download/th… (pages 441 and 604)
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Kenya

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LGBT discrimination in Kenya is illegal in some contexts.

Current status
Since Jul 26, 2022
Illegal in some contexts
Some protections for intersex children under The Children Act 2022. The law requires intersex children to be treated with dignity and have equal access to basic services like medical treatment and education, in addition to social protection services as a special need. It also requires the accommodation of intersex children in child protection centers and other facilities.
Details  ·  Accurate? Yes No
Sources:
judiciary.go.ke/download/th…

southfloridagaynews.com/Wor…
Added by Markissik  ·  0 accurate votes  ·  Report Error  ·  Log

Aug 1, 1930–Jul 2022
No protections
As homosexuality is currently illegal, discrimination against LGBT persons are legal.
Details  ·  Accurate? Yes No
Sources:
kenyaembassy.com/pdfs/The%2…
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Kenya

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LGBT employment discrimination in Kenya is no protections.

Current status
Since Aug 1, 1930
No protections
no protections
Details  ·  Accurate? Yes No
Sources:
none offered
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Kenya

?

LGBT housing discrimination in Kenya is no protections.

Current status
Since Aug 1, 1930
No protections
Details  ·  Accurate? Yes No
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Kenya

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Same-sex adoption in Kenya is illegal.

Current status
Since Mar 1, 2002
Illegal
Same-sex couples or even homosexuals are not allowed to adopt in Kenya. Chapter 141, Section 158 of Kenya's The Children Act states: "An adoption order shall not be made if the applicant or, in the case of joint applicants, both or any of them [...] is a homosexual."
Details  ·  Accurate? Yes No
Sources:
icrc.org/applic/ihl/ihl-nat…
adoption.state.gov/country_…
Added by danlev  ·  1 accurate vote  ·  Report Error  ·  Log

Serving openly in military in Kenya

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Serving openly in military in Kenya is illegal.

Current status
Since Jan 1, 1941
Illegal
The International Lesbian and Gay Association states that homosexuals are not allowed to serve in the Kenya Defence Forces, however, it's unclear if this is a written law and if so, when this law was passed.
Details  ·  Accurate? Yes No
Sources:
ilga.org/ilga/en/countries/…
books.google.com/books?id=t…
Added by danlev  ·  0 accurate votes  ·  Report Error  ·  Log

Aug 1, 1930–Feb 1, 1940
Don't Ask, Don't Tell
No laws restricting or criminalizing lgbt serving.
Details  ·  Accurate? Yes No
Sources:
web.archive.org/web/2014060…//www.kenyalaw.org/Downloads/GreyBook/8.%20The%20Penal%20Code.pdf
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Kenya

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Blood donations by MSMs in Kenya is legal.

Current status
Since 2022
Legal
Kenya National Standards for Blood Transfusion Service guideline published by Kenyan Ministry of Health in 2022 does not include specific ban on blood donation by MSMs.
Details  ·  Accurate? Yes No
Sources:
ktta.go.ke/kenya-national-s… (page 56)
Added by Markissik  ·  0 accurate votes  ·  Report Error  ·  Log

Until 2022
Banned (indefinite deferral)
not allowed
Details  ·  Accurate? Yes No
Sources:
web.archive.org/web/2014060…//www.kenyalaw.org/Downloads/GreyBook/8.%20The%20Penal%20Code.pdf
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Kenya

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Conversion therapy in Kenya is not banned.

Current status
Not banned
conversion therapy is widely available
Details  ·  Accurate? Yes No
Sources:
see wiki article
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Kenya

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Equal age of consent in Kenya is n/a.

Current status
N/A
The age of consent in Kenya is 18 years for heterosexuals. Since homosexual activity is illegal, there is no age of consent for homosexuals.
Details  ·  Accurate? Yes No
Sources:
africanchildforum.org/clr/L…
Added by danlev  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT Rights by province

View the LGBT laws in each individual province of Kenya.

    Equality Index ?
    17 / 100
    Legal Rights
    18 / 100
    Public Opinion
    17 / 100

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    #67
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    3 Users live in Kenya

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