LGBTQ rights in Kenya

Common card · No. 484271

Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in Kenya face significant challenges not experienced by non-LGBTQ residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices (termed "gross indecency") are a felony under Section 165 of the same statute, punishable by five years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only. Transgender people have historically suffered discrimination, and there are no statutory provisions relating to transgender rights. However, a landmark ruling by the High Court of Kenya in August 2025...

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