- Homosexuality
- ⚢✖ Illegal (imprisonment as punishment)
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✖ State-enforced
- Changing Gender
- Ambiguous
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Intersex only
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Illegal
- Intersex Infant Surgery
- ✔ Full ban
- Military
- ✖ Illegal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- N/A
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Public Opinion
Research in attittudes towards LGBTQ+ issues in Kenya have identified a strong opposition to LGBTQ+ rights, reflecting underlying homophobic sentiments.
OPPOSE
SUPPORT
History
Homosexual activity in Kenya is illegal (imprisonment as punishment).
Current status
Since Aug 1, 1930
Illegal (imprisonment as punishment)
Article 162, 163 and 165 prohibits homosexuality and offender is punishable by up to 21 years in prison with hard labor and fines
Censorship of LGBT issues in Kenya is state-enforced.
Current status
State-enforced
banned completely
Legal recognition of non-binary gender in Kenya is intersex only.
Current status
Since Jul 26, 2022
Intersex only
The Children Act 2022 states that “The Principal Registrar shall take measures to ensure correct documentation and registration of intersex children at birth.” There's also an amendment to the Births and Deaths Registration Act which states that the Register “shall include details of an intersex child and intersex person.”
LGBT discrimination in Kenya is illegal in some contexts.
Current status
Since Jul 26, 2022
Illegal in some contexts
Some protections for intersex children under The Children Act 2022. The law requires intersex children to be treated with dignity and have equal access to basic services like medical treatment and education, in addition to social protection services as a special need. It also requires the accommodation of intersex children in child protection centers and other facilities.
LGBT housing discrimination in Kenya is no protections.
Current status
Since Aug 1, 1930
No protections
Same-sex adoption in Kenya is illegal.
Current status
Since Mar 1, 2002
Illegal
Same-sex couples or even homosexuals are not allowed to adopt in Kenya. Chapter 141, Section 158 of Kenya's The Children Act states: "An adoption order shall not be made if the applicant or, in the case of joint applicants, both or any of them [...] is a homosexual."
Serving openly in military in Kenya is illegal.
Current status
Since Jan 1, 1941
Illegal
The International Lesbian and Gay Association states that homosexuals are not allowed to serve in the Kenya Defence Forces, however, it's unclear if this is a written law and if so, when this law was passed.
Conversion therapy in Kenya is not banned.
Current status
Not banned
conversion therapy is widely available
Equal age of consent in Kenya is n/a.
Current status
N/A
The age of consent in Kenya is 18 years for heterosexuals. Since homosexual activity is illegal, there is no age of consent for homosexuals.
LGBT Rights by Province
View the LGBT laws in each individual province of Kenya.
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#67
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