The targeting and violence against Lesbians, Gays, Bisexuals, Intersex, Transgender, and Queer (LGBTIQ+) persons in Kenya is not something unprecedented. The Constitution of Kenya in Article 43(1) (a) guarantees each Kenyan citizen the right to access the highest attainable standard of health including reproductive health care. Although we have this law healthcare providers still discriminate against persons who identify as LGBTIQ making it hard for them to access proper healthcare services. Majority of the healthcare providers use religion to condemn them when they seek reproductive health services.
“As a masculine presenting woman If I can’t afford to go to a private hospital for check-ups I prefer checking the symptoms I have online and self-medicate, I once went to a public hospital for cervical cancer screening, and the health care provider asked me where my partner was before I could even answer she proceeded to tell me ‘I do not know why you want the cervical screening! if you have chosen to be a man you must stick to acting like one. She called her colleagues to come and see “Jike dume” (Tomboy) I felt ashamed and inferior I couldn’t stand the humiliation I just left.” ~Anonymous
These are the lived realities of LGBTQ persons in Kenya Lesbians, Bisexual women, Trans women, and gender-nonconforming persons are vulnerable to Gender-based violence. Families go to the extent of forcing “reparative” or “conversion” therapy on their children. Conversion therapy is the attempt to change someone’s sexual orientation, gender identity, and expression. Also known as “gay cure therapy.” This includes therapies and prayers, exorcism, physical violence, and corrective rape or homophobic rape. These practices are “inherently discriminatory, that they are cruel, inhuman and degrading treatment, and that depending on the severity or physical or mental pain and suffering inflicted to the victim, they may amount to torture.” - UN expert on sexual orientation and gender identity ~ Victor Madrigal - Borloz.
However, the LGBTIQ+ community celebrated a big win on 24th February 2023 when the supreme court of Kenya affirmed the decisions of the high court and the court of appeal to allow the registration of the National Gay and Lesbian Human Rights Commission (NGLHRC) as a non-governmental organization (NGO) with the words ‘Gay’ and ‘Lesbian’ in its title. After a ten-year-long legal battle. LGBTIQ community and allies in Kenya celebrated the win on all their social media platforms resulting in heated debates between political leaders, religious leaders, and Kenyans at large. A lot of people misunderstood the ruling and started a hate conversation on social media. On Twitter, #SayNoToLGBTQ was trending for almost a week and in the coastal province, the Anti-LGBTIQ groups led by Muslim leaders protested on the streets. For the first time in Kenyan history, LGBTIQ matters were discussed openly on Live TV with religious leaders and human rights activists having debates on the matter. This ruling is a win because all Kenyans including queer Kenyans can go to court when their human rights are violated.