NAIROBI, Kenya — Extortion, physical assaults, verbal abuse, denial of state services, forceful evictions, harassment, being disowned by family members.
These and many other challenges may begin to fade away for the Kenyan gay community if a court rules today in their favor to abolish laws that criminalize homosexual behavior.
The court case stems from a petition by the National Gay and Lesbian Human Rights Commission, and the Gay and Lesbian Coalition of Kenya. The groups argue that sections of the code are in breach of the constitution and deny basic rights by criminalizing consensual same-sex relations between adults.
Existence of these laws within the Penal Code validate stigma, discrimination and violence toward individuals who do not conform to society’s expectations on gender identity, gender expression or sexual orientation, they argue.
Their removal means equality, inclusion of LGBTQ+ persons, Mercy Njueh of the National Gay and Lesbian Human Rights Commission said.
“It means having the law affirming our existence and validating that we, like all Kenyans, are protected under the law,” she said.
In Kenya, people convicted of gay sex face up to 14 years in prison. Many countries across Africa have laws against homosexuality, and severe harassment and physical threats are common.
Kenyan laws, like in many other African countries that outlaw same-sex relations, are vestiges of British colonial rule.
There is resistance to gay rights right at the top.
Gay rights are “not of any major importance” in Kenya, President Uhuru Kenyatta told CNN in an interview last year. He told CNN that the laws are supported by “99 percent” of the Kenyan people.
Dominant attitudes toward the LGBTQ+ community tend to be largely negative, activist David Kuria said.
Negative perceptions are largely informed by ignorance about the causes of gender and sexual diversity, Kuria said.
“For many it is an acquired habit, which can therefore be dropped, or it is a sickness that needs to be cured. Either way, it is something that is wrong and needs to be corrected,” he said.
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