North-Eastern is governed by federal Kenya law. Learn more
- 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
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Illegal
- Intersex Infant Surgery
- ✔ Full ban
- Military
- ✖ Illegal
- Donating Blood
- Ambiguous
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- N/A
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Public Opinion
North-Eastern is lacking public opinion data.
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Homosexual activity in North-Eastern 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 North-Eastern is state-enforced.
Current status
Since 2012
State-enforced under federal Kenya law
The Kenyan Film Classification Board Guidelines of 2012 explicitly list homosexuality as requiring a restricted classification in a more egregious sense than heterosexuality. This has led to cases like of cartoons with LGBTIQ+ themes despite the lack of sexual content still getting banned from airing, such as Steven Universe, Adventure Time and Gravity Falls for being "pro-gay".
The Family Protection Bill of 2023 also explicitly prohibits the "promotion" of homosexuality.
The Family Protection Bill of 2023 also explicitly prohibits the "promotion" of homosexuality.
Right to change legal gender in North-Eastern is ambiguous.
Current status
Since Jul 26, 2022
Ambiguous
New legislation only allows intersex persons identified as male or female at birth to request a change to “I.”
Legal recognition of non-binary gender in North-Eastern 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 North-Eastern is illegal in some contexts.
Current status
Since Jul 2022
Illegal in some contexts
There is limited protection based on sexual orientation.
The Data Protection Act (2019) states that "sensitive personal data" means "data revealing the natural person's race, health status, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details including names of the person's children, parents, spouse or spouses, sex or the sexual orientation of the data subject."
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.
The Data Protection Act (2019) states that "sensitive personal data" means "data revealing the natural person's race, health status, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details including names of the person's children, parents, spouse or spouses, sex or the sexual orientation of the data subject."
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 employment discrimination in North-Eastern is no protections.
Current status
No protections
There are no legal protections from discrimination based on sexual orientation or gender identity.
LGBT housing discrimination in North-Eastern is no protections.
Current status
No protections
There are no protections from discrimination in housing provided to LGBTIQ+ people in Kenya.
Same-sex adoption in North-Eastern 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 North-Eastern 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.
Blood donations by MSMs in North-Eastern is ambiguous.
Current status
Since 2022
Ambiguous
Kenya National Standards for Blood Transfusion Service guideline published by Kenyan Ministry of Health in 2022 does not include specific ban on blood donation by MSMs. However, sexual activity between men is illegal.
Until 2022
Banned (indefinite deferral)
not allowed
Conversion therapy in North-Eastern is not banned.
Current status
Not banned
conversion therapy is widely available
Equal age of consent in North-Eastern 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.
Legal Rights
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This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in North-Eastern to help improve its accuracy.
Top Contributors
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North-Eastern LGBT Organizations
There are no organizations listed in North-Eastern. Suggest one