in Kenya is still considered a taboo and unacceptable to the cultural values
and morality of Kenyans. Despite various organizations working to protect and
improve LGBT rights, same sex marriage is still not permitted in Kenya. Article
45(2) of the new Kenyan Constitution states that every adult has the right to
marry a person of the opposite sex, based on the free consent of the parties.
within the three dominate religions in Kenya which consist of the Catholic,
Anglican and Islam, have publicly condemned homosexuality and transgenderism as
signs of decadence, disease, and immorality of the highest order. Most Christian
leaders view same-sex marriage as a bigger threat to the Christian church than
to the Kenya National Commission on Human Rights, the LGBT community are often
discriminated, stigmatized and subjected to violence because of their sexual
Kenya is still opposed to same sex marriage, South Africa has already set an
example in Africa. Same-sex marriage has been legal in South Africa since the
Civil Union Act which came into force on 30 November 2006 making South Africa
the first country in Africa to legalize same- sex marriage.
decision for South Africa to legalize same sex marriage was necessitated by the
need to recognize the inherent universal human dignity for every human being
around the globe and the legal requirement to have this dignity safeguarded and
respected. They were careful and thoughtful enough to look beyond the religious,
cultural, societal, political and economic inclinations that have undermined
the ultimate goal of humankind to achieve equity, equality and ultimate
happiness for all.
against LGBT persons in Kenya is unconstitutional and void because of the
constitution's broad protection of civil and human rights.
28 of the Kenyan Constitution states that every person has inherent dignity and
the right to have that dignity respected and protected." This article
offers "fresh energy to the rights of the LGBTI community.
10(2)(b) of the Kenyan Constitution states that, The national values and principles
of governance include, human dignity, equity, social justice, inclusiveness,
equality, human rights, non-discrimination and protection of the marginalized.
19 of the Kenyan constitution states that the purpose of recognizing and
protecting human rights and fundamental freedoms is to preserve the dignity of
individuals and communities and to promote social justice and the realization
of the potential of all human beings. It further states that the rights and
fundamental freedoms in the Bill of Rights belong to each individual and are
not granted by the State.
31 of the Kenyan Constitution also states that, every person has the right to
but not least article 27 of the Kenyan constitution states 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, colour, 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).
is a human right and is for everyone. As long as you are happy it doesn't
matter who you fall in love with. We are
all Human beings and as long as we live, each one of us deserves to be treated
with respect and dignity.
equal rights to another group of human beings based on cultural and religious
beliefs it not right and is called bigotry. No one is free when others are
oppressed. Kenya must embrace diversity
and legalize same sex marriage.
Stay informed. Subscribe to our newsletter