On 24th February 2023, a ruling was passed for the NGLHRC to be registered as an NGO in Kenya. This news was a win and loss for the country, which incited different reactions within the Country and beyond. A win for the sexual and gender minority groups to enjoy the freedom of association as stipulated in the Constitution of Kenya and the bill of Rights under Article 19. On the other hand, a loss of perceptions around cultural and religious beliefs and the existing law that criminalizes the Act of the same sex.
In Kenya, the LGBTIQ community remains closeted due to harsh treatment from the general public which is instigated by stigma and discrimination faced in their daily lives from an individual to the wider society. These have exacerbated human right violation especially harassment, sexual violence (rape), murder, intimate partner violence, and psychological/emotional and verbal abuse. The continued human rights violation has contributed strongly to mental health disorders among the LGBTIQ community as indicated in a study conducted in Western Kenya on mental health challenges and needs among sexual and gender minority people, that “67.6% clinically reported a significant level of PTSD symptoms and psychological distress by the SGM”. Alcohol and substance abuse, depression, suicide, and anxiety have been evident in the LGBTIQ community.
However, inadequate interventions to address mental health illness by the ministry of health for the community. The communities have not been fully involved in the development of County level mental health conversations to better provide person-centered services which need to be driven to address the challenges faced by the LGBTIQ community. The National mental health policies addressed all mental health disorders within the country; hence the cost is high for common LGBTIQ persons to access the service. The state has a role of providing correct information to its citizen non discriminatively as stated in Article 35 (Right to Information) regarding the ruling passed by the supreme court regarding registration of the NGLHRC as an NGO and not driven by perceptions and attitudes against the population. Civil society organizations and the government to create awareness for the general public to understand more about LGBTIQ beyond cultural and religion
The ministry of health should make mental health services a priority for the LGBTIQ community to reduce cases of suicide, depression, anxiety, and trauma as a result of the reactions from political, religious, and opinion leaders and celebrities witnessed from the time of the ruling and for future to address both underlying and presenting issues of mental health disorders. Human rights violations should be addressed accordingly by the National police service at the police stations without prejudice and the LGBTIQ to get fair administration of justice and hearing as it is guaranteed in Articles 49 & 50 of the Constitution of Kenya.