In Kenya, Lesbians,
Gays, Transgender and Bisexuals are often stigmatized, discriminated and
subjected to attacks because of their sexual orientations.
Out of the 54 countries in Africa, Kenya is among
the 37 countries that have criminalized homosexual acts. According to Pew
Global Attitudes Project (2007), 97% of Kenyans believe that homosexuality is a
way of life that society should not accept. Highly ranked political leaders
like the president and deputy president and the religious leaders have publicly
denounced homosexual acts and have made it clear that the LGBT community have
no room and place in this country. This has contributed to widespread hate,
discriminations and attacks against the LGBT community in the country.
Religious leaders together with political leaders
have organized many protests and attacks against the LGBT community in the
country which have resulted to some LGBT individuals beaten, injured and some
have fled their homes to unknown destinations because of fear. What is
heartbreaking is that the Police have failed to investigate any of these cases
despite their slogans saying “Utumishi kwa Wote” (Service to all).
In Kenya, when two consenting partners are found
to be having same sex relations, they can face up to 14 years in prison. They
can also be jailed for seven years maximum for just attempting to have such
sexual relations. Such regulations have caused stigma leading to incidents of
marginalization and discrimination in almost all sectors (education, health,
work).
When Mr. Uhuru Kenyatta the President of the
Republic of Kenya was at the United Nations general assembly last year, he
emphasized on Kenya’s commitments in achieving all sustainable development
goals, and in particular the eradication of gender based violence. I find it
inconsistent for him to acknowledge at the UN that “we cannot reach our
development goals without addressing human rights and complex humanitarian issues”
and at the same time when President Obama visited the country, he dismissed
LGBT rights as a non-issue.
Criminalization of LGBT justifies treating them
differently which makes equality before the law unattainable. Article 27 of the
Constitution of Kenya provides that, (1) Every person is equal before the law
and has the right to equal protection and equal benefit of the law. (2)
Equality includes the full and equal enjoyment of all rights and fundamental
freedoms. (3) Women and men have the right to equal treatment, including the
right to equal opportunities in political, economic, cultural and social
spheres. (4) The State shall not discriminate directly or indirectly against
any person on any ground, including race, sex, pregnancy, marital status, health
status, ethnic or social origin, color, age, disability, religion, conscience,
belief, culture, dress, language or birth. (5) A person shall not discriminate
directly or indirectly against another person on any of the grounds specified
or contemplated in clause (4).
We must condemn laws that deny people to be
treated with respect and dignity. We must say no to laws that treat people like
lesser citizens and lesser people. The moment we treat a group of people as
second class citizens, we are not likely to progress. Whether gay, straight,
lesbian, bisexual, transgender, we are all human and deserve to be treated with
respect and dignity under the law.