Lgbtq rights in kenya
Why are Kenya and Uganda cracking down on LGBTQ rights?
Kenya and Uganda are moving to further curtail the rights of female homosexual, gay, bisexual, transgender and queer (LGBTQ) people, whose relationships are already deemed illegal in the conservative East African nations.
After a session lasting nearly seven hours, Ugandan lawmakers approved the Anti-Homosexuality Act on Tuesday, ordering harsh penalties for anyone who engages in same-sex activity.
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end of listWhile more than 30 African countries including Uganda already bar same-sex relationships, the modern law passed appears to be the first to outlaw merely identifying as LGBTQ, Human Rights See said.
In Kenya, a February ruling by the Supreme Court upheld verdicts by lower courts stating that the government could not lawfully refuse to register an organisation calling itself the National Gay and Lesbian Human Rights Commission (NGLHRC).
But President William Ruto and many
Whether the Deputy Registrar of the Supreme Court had the jurisdiction to decline to own up a party’s register of appeal
Summary Significance: The instant application sought review of the decision of the Deputy Registrar declining to disclose the applicant’s log of appeal. The court held that by restating the relevant rules and by giving reasons as to why the applicant’s pleadings were declined, the Deputy Registrar was cogent and that was explanatory enough and he did not run afoul of any statute.
Attorney General v Halal Meat Products Limited (Application 22 of 2016) [2023] KESC 9 (KLR) (17 February 2023) (Ruling)
Neutral citation: [2023] KESC 9 (KLR)
Supreme Court of Kenya
I Lenaola, SCJ
Reported by Kakai Toili
Jurisdiction - jurisdiction of the Deputy Registrar of the Supreme Court - jurisdiction to decline to concede a party’s write down of appeal - whether the Deputy Registrar had the jurisdiction to decline to admit a party’s record of appeal - Supreme Court (Amendment) Rules, 2016 (repealed), rules 4A(1)(b) and 4A(2).
Brief facts
The applicant filed the insta
In this commentary, JURIST's incoming West Africa Chief of Staff Lana Osei and East Africa Bureau Head Natasha Kahungi compare anti-LGBT legislation in their dwelling countries of Ghana and Kenya, arguing that hardened attitudes towards LGBT people endanger their well-being and fundamental rights...
Recent Afrobarometer survey data (Round 8, 2019-2021) paints a stark picture with 86% of Kenyans and 93% of Ghanaians expressing intolerance towards the LGBT community. This sky-high level of intolerance exists despite the Universal Proclamation of Human Rights guaranteeing non-discrimination based on sexual orientation. Furthermore, across Africa, laws criminalizing consensual queer sexual activity remain commonplace. Contrarily, South Africa stands as a notable exception with its recognition of same-sex relationships (1997) and same-sex marriages (2006). This commentary delves into the recent discourse surrounding anti-LGBT legislation in Ghana and Kenya, exploring the complex interplay between cultural norms, legal frameworks, the global push for human rights, and the implications of anti-LGBT legislation on the community.
The Ghanaian Experience
The debate over LGBT rights in Gha
How an LGBTQ court ruling sent Kenya into a moral panic
Kenya is in the throes of a full-blown existential moral panic. If the country’s politicians, clergy, self-anointed defenders of “traditional culture” and media are to be believed, the long-dreaded same-sex attracted zombie apocalypse is upon us, bringing hordes of insatiable homosexuals hungry for our children’s impressionable brains.
A February decree by the Supreme Court that the constitution barred discrimination on the basis of sexual orientation has sparked weeks of hysterical breast-beating across the region, with many fearful that it could open Pandora’s closet and precipitate the end of civilisation as we understand it.
Egged on by news anchors and editors keen to serve up drama and gore in an effort to retain audiences, everyone from President William Ruto to political pundits has been lining up to condemn the court for upholding decisions by lower courts that the government could not lawfully refuse to register an organisation calling itself the National Gay and Female homosexual Human Rights Commission (NGLHRC).
The jeremiads dominating the airwaves and social media proclaim this as the beginning of the end.
In an interview with one of t
Kenya
Notable progress has been made in the recognition of the human rights of LGBTIQ people in Kenya in the last decade, largely through victories in the courts. In 2018, the Court of Appeal in Mombasa ruled that forced anal testing was unconstitutional, and in 2024 the petitioners in that case were awarded compensation. In 2023, the Supreme Court of Kenya upheld the conclusion of the lower courts in a judgment that safeguarded the freedom of association of LGBTQ organizations by allowing them to officially register. This evolving judgment was followed by heightened pushback. There were protests in several counties and increased homophobic remarks by religious and political leaders against LGBTIQ persons. In April 2023, MP Peter Kaluma proposed a Family Protection Bill pursuing to further criminalize consensual same-sex relations. The bill has not been tabled before Parliament.
In response to a series of homophobic protests and remarks, the Centre for Minority Rights and Strategic Litigation filed a petition to oblige the respondents to end inciting hatred and discrimination against LGBTIQ persons. In 2024, the High Court in Mombasa issued a temporary order in favor