Kenya: Situation of persons with diverse sexual orientation and gender identity and expression (SOGIE), including their treatment by society and state authorities; state protection and support services (2019–July 2021) [KEN200667.E]

Research Directorate, Immigration and Refugee Board of Canada

1. Legislation

In an interview with the Research Directorate, a human rights defender for the National Gay and Lesbian Human Rights Commission (NGLHRC) [1] noted that legislation in Kenya is "not inclusive and discriminates against LGBTQ individuals" (Human rights defender 30 June 2021).

According to sources, consensual same-sex activity is punishable with up to 14 years in prison (HRW 13 Jan. 2021, 394; Freedom House 3 Mar. 2021, Sec. F4). Sources report that in 2019 Kenya's High Court dismissed a challenge to the ban (HRW 13 Jan. 2021, 394) or law (Freedom House 3 Mar. 2021, Sec. F4) against same-sex relations (HRW 13 Jan. 2021, 394; Freedom House 3 Mar. 2021, Sec. F4). The 2021 Human Rights Watch (HRW) report on the events of 2020 notes that activists are appealing this ruling (HRW 13 Jan. 2021, 394).

The Kenyan Penal Code provides the following regarding same-sex relations:

162. Unnatural offences

Any person who –

(a) has carnal knowledge of any person against the order of nature; or

(c) permits a male person to have carnal knowledge of him or her against the order of nature,

is guilty of a felony and is liable to imprisonment for fourteen years:

Provided that, in the case of an offence under paragraph (a), the offender shall be liable to imprisonment for twenty-one years if –

  1. the offence was committed without the consent of the person who was carnally known; or
  2. the offence was committed with that person's consent but the consent was obtained by force or by means of threats or intimidation of some kind, or by fear of bodily harm, or by means of false representations as to the nature of the act.

163. Attempt to commit unnatural offences

Any person who attempts to commit any of the offences specified in section 162 is guilty of a felony and is liable to imprisonment for seven years.

165. Indecent practices between males

Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years. (Kenya 1930, bold text in original)

A May 2019 New York Times article indicates that section 162 of the Penal Code which refers to "'carnal knowledge'," "covers anal and oral intercourse, and in theory applies regardless of the gender of the people involved" (The New York Times 24 May 2019). However, the same source notes that according to LGBTQ rights activists, section 162 "is used primarily against gay men" (The New York Times 24 May 2019). The New York Times article indicates that "'[g]ross indecency' applies specifically to acts between men" (The New York Times 24 May 2019).

A February 2021 report, based on fieldwork conducted in January 2019 by civil society organizations and human rights researchers, including interviews with twenty lesbian, gay and bisexual individuals in Kisii, Nyamira, Homa Bay, Migori, and Nairobi, by the Advocates for Human Rights, "a volunteer-based" NGO focused on the "promotion and protection of international human rights standards and the rule of law," in partnership with the Eagles for Life [2], Sign Ishara [3], and Oasis Research [4], notes that sections 162 to 165 of Kenya's Penal Code are "vague" and "'unnatural carnal knowledge'" is not defined; as a result, "police officers and government officials have much discretion in their interpretation of the provisions" and police officers "often" make arrests based on "their own perceptions of sexual conduct" (The Advocates for Human Rights, et al. 22 Feb. 2021, 1, 2, 4). A report developed and endorsed by 101 organizations in the Kenya Stakeholders' Coalition for the Universal Periodic Review (KSC-UPR), a coalition of over 250 Kenyan NGOs working on the promotion and protection of human rights, and submitted for the UN Human Rights Council's UPR of Kenya states that "[t]he police often use sodomy laws to arrest and charge suspected gays and lesbians" (KSC-UPR [2019], 1, 10). In an interview with the Research Directorate, a representative of Persons Marginalized and Aggrieved in Kenya (PEMA Kenya) [5] indicated that the law criminalizing sexual acts between individuals of the same sex is used by police to extort LGBT people and that if LGBT individuals do not "give in to extortion/blackmail" they will be charged with the law criminalizing same-sex sexual acts (PEMA Kenya 12 July 2021).

The PEMA Kenya representative noted that "there is not a major case that has gone through of a person who was charged under this law" (PEMA Kenya 12 July 2021). Similarly, in an interview with the Research Directorate, representatives of Jinsiangu [6] indicated that no one has been prosecuted under sections 162 and 165 (Jinsiangu 9 July 2021). In contrast, the human rights defender indicated that the Penal Code is enforced and individuals are "consistently" prosecuted under sections 162 and 165 (Human rights defender 30 June 2021).

In correspondence with the Research Directorate, the Executive Director of Kenya Youth Development and Education Support Association (KYDESA) [7] stated that laws criminalizing sexual acts between persons of the same sex have been "applied to consensual relationships of [persons of diverse SOGIE], and the laws cut across every part of the country" (KYDESA 23 June 2021). The Jinsiangu representatives indicated that these laws are used to create "barriers to inclusion in society" (Jinsiangu 9 July 2021). The human rights defender stated that the Penal Code "gives a free pass for the mistreatment of LGBT individuals" and that "there is no way the state can in turn protect LGBT individuals" (Human rights defender 30 June 2021). A March 2019 Reuters article states that according to campaigners for the rights of individuals of diverse SOGIE, the laws that criminalize same-sex relations "have long promoted homophobia" and "are used daily to persecute and discriminate against sexual minorities" (Reuters 22 Mar. 2019). The Jinsiangu representatives noted that the penal code has been used by the [Kenyan] NGO board to refuse to register LGBTQ organizations (Jinsiangu 9 July 2021).

A November 2019 report by the Office of the UN High Commissioner for Human Rights (OHCHR) for the UPR of Kenya notes that there is a "lack of explicit legal protection against discrimination based on sexual orientation and gender identity" (UN 18 Nov. 2019, para. 21). The Advocates for Human Rights et al. report notes that Kenya has not taken "specific actions" to provide protection against discrimination on the basis of sexual orientation and gender identity (The Advocates for Human Rights, et al. 22 Feb. 2021, 3). The same source states that "Kenya's government has not taken concrete steps to create inclusive laws that specifically protect individuals from violence and discrimination based on their sexual orientation or gender identity" (The Advocates for Human Rights, et al. 22 Feb. 2021, 3).

The November 2019 OHCHR report indicates that same-sex couples are "prohibited from adopting children" (UN 18 Nov. 2019, para. 21).

2. Treatment of People of Diverse SOGIE
2.1 Treatment by Society

The May 2019 New York Times article reports that anti-LGBTQ views "are strongly held by many Kenyans" (The New York Times 24 May 2019). A June 2020 study on attitudes towards homosexuality by the Pew Research Center, a "nonpartisan fact tank" that conducts public opinion polling and other "data-driven" social science research, reports that 14 percent of respondents surveyed in Kenya indicated that "homosexuality should be accepted by society," compared to 8 percent in 2013 (Pew Research Center 25 June 2020, 2, 18). The human rights defender noted that societal attitudes "lead to discriminatory treatment" of individuals of diverse SOGIE (Human rights defender 30 June 2021).

The May 2019 New York Times article reports that discrimination and violence against individuals of diverse SOGIE are "common" (The New York Times 24 May 2019). Sources indicate that LGBTQ individuals face "discrimination, abuse, and violent attacks" (Freedom House 3 Mar. 2021, Sec. F4) or "arbitrary arrests, violence, and murder" (Human rights defender 30 June 2021). The Executive Director of KYDESA indicated that individuals of diverse SOGIE are "subject to discrimination, harassment, abuse and/or violence" and that this treatment "applies across Kenya" (KYDESA 23 June 2021). The PEMA Kenya representative noted that "things are changing in Kenya, but there are cases of discrimination of LGBT individuals in Kenyan society" (PEMA Kenya 12 July 2021). The same source indicated that there is discrimination throughout Kenya, but the level of violence varies across the country; while "there is not as much violence and discrimination in rural areas," "violence is worse in cities" although it "varies from city to city" (PEMA Kenya 12 July 2021). The Jinsiangu representatives stated that "violence and discrimination occur everywhere" but it varies depending on socio-economic status, religion, and rural or urban area (Jinsiangu 9 July 2021).

The Jinsiangu representatives indicated that in society, LGBTQ individuals are subject to verbal and sexual abuse (Jinsiangu 9 July 2021). The human rights defender noted that in June 2021, a human rights representative was murdered "because of their identity" (Human rights defender 30 June 2021). The March 2019 Reuters article reports that hate crimes, including blackmail, extortion, and physical and sexual assault are "common" for individuals of diverse SOGIE (Reuters 22 Mar. 2019). Lesbian, gay, and bisexual individuals interviewed for the Advocates for Human Rights et al. report indicated that they faced "attacks from members of their local community based on their sexual orientation" (The Advocates for Human Rights, et al. 22 Feb. 2021, 5-6). The same report states that while physical attacks on lesbian, gay, and bisexual individuals "were common," "verbal assaults constituted the majority of attacks on [lesbian, gay, and bisexual] individuals in Kenya from other community members" (The Advocates for Human Rights, et al. 22 Feb. 2021, 6). The report also indicates that lesbian, gay, and bisexual individuals, who spoke with the authors of the report, stated that "they feared being assaulted by family members if they disclosed their sexual orientation" (The Advocates for Human Rights, et al. 22 Feb. 2021, 5). The Jinsiangu representatives noted that in families, LGBTQ individuals are subject to conversion therapy, violence, forced marriage, and "corrective rape" (Jinsiangu 9 July 2021). The representatives also indicated that female genital mutilation/cutting (FGM/C) is practiced on lesbian, bisexual, and queer women and that "intersex children are forced to undergo FGM[/C] at an early age" (Jinsiangu 9 July 2021).

A May 2021 UN report states that individuals of diverse SOGIE faced "violations" committed by vigilante groups (UN 11 May 2021, para. 12(c)). The Advocates for Human Rights et al. report notes that vigilante groups "are another primary source of fear" for LGBTI individuals since "their violent attacks … are supported by members of the community and even LGBTI individuals' family members" (The Advocates for Human Rights, et al. 22 Feb. 2021, 6–7). The same source indicates that "[m]ost" of the interviewees "expressed great fear of vigilante groups, especially those living in rural areas" (The Advocates for Human Rights, et al. 22 Feb. 2021, 7). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

A November 2020 article by Voice of America (VOA), an international broadcaster that is funded by US Congress and is part of the US Agency for Global Media, which oversees all non-military US international broadcasting (VOA n.d.), reports that there has been an increase in "cases of abuse" against LGBTQ individuals since beginning of the COVID-19 pandemic in March 2020 (VOA 24 Nov. 2020). The same source notes that the Gay and Lesbian Coalition of Kenya (GALCK) [8] has been recording "up to 10 attacks" per month on the LGBTQ community during the COVID-19 pandemic (VOA 24 Nov. 2020).

2.1.1 Treatment in Nairobi

The Executive Director of KYDESA stated that "Nairobi is not fully a city free of discrimination for [persons of diverse SOGIE]"; however, compared to other places in Kenya "LGBTIQ+ activities are taken with fair modesty" (KYDESA 23 June 2021). The Jinsiangu representatives noted that "Nairobi is a metropolitan city that is homophobic and transphobic. It is not a safe city. It does not matter if you are out or not, the way someone looks or acts will affect how they are treated" (Jinsiangu 9 July 2021). The human rights defender stated that cases of discrimination, harassment, and violence against LGBT individuals "occur in every county in Kenya, from city centers to more rural areas" (Human rights defender 30 June 2021). The same source indicated that the treatment of an LGBT individual depends on their personal circumstances (Human rights defender 30 June 2021). Sources stated that it is "easier" for individuals of diverse SOGIE to live openly (Jinsiangu 9 July 2021; PEMA Kenya 12 July 2021), if they "can financially support themselves" (PEMA Kenya 12 July 2021) or have "more economic security," for example someone who does not need to take public transit and has private health insurance (Jinsiangu 9 July 2021). The human rights defender stated that it is "easier" for individuals who are younger to live openly as LGBT "than for older people who are coming out" (Human rights defender 30 June 2021).

2.2 Treatment by Authorities

The Jinsiangu representatives stated that "the police are one of the major perpetrators of violence and abuse against LGBTQ individuals" and that LGBTQ individuals are subject to arbitrary arrest and "sexual abuse and degrading treatment by police" (Jinsiangu 9 July 2021). The May 2021 UN report indicates that there are reports of arbitrary arrest and detention of individuals of diverse SOGIE (UN 11 May 2021, para. 32). The Advocates for Human Rights et al. report states that lesbian, gay, and bisexual individuals who were interviewed reported "frequent persecution and arrests" of lesbian, gay, and bisexual individuals by law enforcement officials (The Advocates for Human Rights, et al. 22 Feb. 2021, para. 226). The same source notes that it is "common" for lesbian, gay, and bisexual individuals to be arrested due to their sexual orientation and then charged for other criminal offenses, such as loitering or gambling, or to be detained without being charged (The Advocates for Human Rights, et al. 22 Feb. 2021, 6). The report also indicates that it is a "common experience," among the lesbian, gay, and bisexual individuals who were interviewed for the report, to be pressured for bribes by law enforcement officials in order to be released (The Advocates for Human Rights, et al. 22 Feb. 2021, 6). The Jinsiangu representatives indicated that "LGBTQ individuals who own businesses are subject to extortion by the police" (Jinsiangu 9 July 2021). The Advocates for Human Rights et al. report states that police "also use violence against LGBTI individuals in detention" (The Advocates for Human Rights, et al. 22 Feb. 2021, 6). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Executive Director of KYDESA indicated that "various authorities have been sensitized on human rights for LGBTIQ+ persons" and "harassment coming from authorities has therefore greatly reduced" (KYDESA 23 June 2021). The PEMA Kenya representative stated that "there has been some progress with training of the police on gender and sexual diversity by PEMA and other organizations" (PEMA Kenya 12 July 2021). However, the same source noted that "police stations might have changed their perspective on LGBT, but LGBT people are still afraid to go to the police" (PEMA Kenya 12 July 2021).

3. State Protection

Sources report that persons of diverse SOGIE are afraid to go to the police (Jinsiangu 9 July 2021; PEMA Kenya 12 July 2021). The May 2021 UN report indicates that individuals of diverse SOGIE face "barriers to access[ing] justice and remedies" (UN 11 May 2021, para. 12(c)). The human rights defender stated that "it is difficult for LGBTQ individuals to go to the police," who think "the very existence of LGBTQ individuals is illegitimate" (Human rights defender 30 June 2021). The same source indicated that police complaints by individuals of diverse SOGIE "are not taken seriously" and that individuals of diverse SOGIE "shy away from going to the police to report violations" (Human rights defender 30 June 2021). The PEMA Kenya representative indicated that "LGBT cases are treated differently than how others are treated" and that according to a survey PEMA conducted on how LGBT individuals are treated, LGBT cases reported to the police are not "taken seriously" and being LGBT can be "used against them" (PEMA Kenya 12 July 2021). Individuals interviewed for the Advocates for Human Rights et al. report indicated that they were afraid to report violations to law enforcement and government officials "because it could potentially exacerbate the situation" (The Advocates for Human Rights, et al. 22 Feb. 2021, 5). The March 2019 Reuters article indicates that according to rights groups, individuals of diverse SOGIE "are too fearful to go to the police due to their sexual orientation" (Reuters 22 Mar. 2019). Similarly, the November 2020 VOA article repots that according to activists, "many" individuals of diverse SOGIE "are afraid to report abuse or get medical help because of stigma" (VOA 24 Nov. 2020). The human rights defender noted that if an individual is "acting outside of the norm" "they will face stigma from the police for how they look or appear" (Human rights defender 30 June 2021). The same source indicated that "sometimes the law can be progressive" (Human rights defender 30 June 2021). Sources note that in 2018, the Court of Appeal ruled that anal exams [for individuals "suspected of being homosexual" (Reuters 22 Mar. 2018)] were illegal (Human rights defender 30 June 2021; Reuters 22 Mar. 2018). However, the human rights defender noted that despite the Court of Appeal ruling, the practice of anal exams continues (Human rights defender 30 June 2021).

The KYDESA Executive Director stated that KYDESA is working with the police to address issues affecting persons of diverse SOGIE and as of June 2021, the police have documented no cases of harassment against persons of diverse SOGIE who reported complaints (KYDESA 23 June 2021).

4. Access to Employment, Housing, and Healthcare

The Executive Director of KYDESA stated that individuals of diverse SOGIE do not face discrimination in employment and education but do face discrimination in accessing housing and healthcare and that "[t]his applies across Kenya," including in Nairobi (KYDESA 23 June 2021). In contrast, the PEMA Kenya representative indicated that "the level of discrimination is going down, but there is still discrimination" in employment, education, housing, and health care (PEMA Kenya 12 July 2021). The March 2019 Reuters article reports that individuals of diverse SOGIE "face prejudice in getting jobs, renting housing or seeking medical care or education" (Reuters 22 Mar. 2019). The human rights defender indicated that individuals of diverse SOGIE have been "denied services" and also stated that violations against LGBTQ individuals, include evictions, when landlords discover their sexual orientation or gender identity or by neighbors who "instigate" evictions; "illegal termination of employment"; and "discrimination in the job market" (Human rights defender 30 June 2021). The PEMA Kenya representative noted that "housing is the biggest area of discrimination" (PEMA Kenya 12 July 2021). The Jinsiangu representatives indicated that LGBTQ individuals face evictions and that "landlords do not want to rent to persons who are LGBTQ" (Jinsiangu 9 July 2021).

The November 2019 OHCHR report indicates that there were testimonies about "stigmatization of and discrimination against" persons of diverse SOGIE in the workplace and when looking for employment (UN 18 Nov. 2019, para. 50). The Advocates for Human Rights et al. report notes that lesbian, gay, and bisexual individuals "face discrimination in the workplace, both when applying for jobs and while employed" (The Advocates for Human Rights, et al. 22 Feb. 2021, 10). The Jinsiangu representatives noted that transgender, intersex, and non-gender conforming individuals face difficulties accessing employment "because their identity documents do not match their gender expression" (Jinsiangu 9 July 2021).

The Advocates for Human Rights et al. report indicates that according to information from a Kenyan NGO, individuals of diverse SOGIE "have been denied public services in hospitals and schools due to their sexual orientation and identity" (The Advocates for Human Rights, et al. 22 Feb. 2021, 8). The same source reports that "[i]nterviewees expressed that they faced significant barriers to accessing healthcare" (The Advocates for Human Rights, et al. 22 Feb. 2021, 9). The source notes that "[m]ost" lesbian, gay, and bisexual individuals interviewed for the report "decided not to disclose their sexual orientation to health care providers because they feared it could affect their treatment"; interviewees also expressed concerns regarding the lack of privacy for patients and how it could impact "their reputation in the community" (The Advocates for Human Rights, et al. 22 Feb. 2021, para. 336). The same source also states that health care providers refuse to treat lesbian, gay, and bisexual individuals and further provides the example of a gay man who was refused HIV prevention medication at a public hospital (The Advocates for Human Rights, et al. 22 Feb. 2021, 9).

The human rights defender noted that women of diverse SOGIE "have been sterilized at hospitals because they were masculine presenting" (Human rights defender 30 June 2021). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The human rights defender stated that individuals of diverse SOGIE "are denied access to institutions of learning" and "there are numerous instances of people being expelled because they are presumed to be LGBT" (Human rights defender 30 June 2021). The Advocates for Human Rights et al. report indicates that lesbian, gay, and bisexual individuals "do not enjoy the right to access to education in Kenya" and "[m]ultiple" lesbian, gay, and bisexual individuals "reported being expelled from schools based on their sexual orientation" (The Advocates for Human Rights, et al. 22 Feb. 2021, 8). The same source reports that "[s]chool administration expelled and suspended students who were seen engaging in same-sex conduct" (The Advocates for Human Rights, et al. 22 Feb. 2021, 8). The source also notes that lesbian, gay, and bisexual individuals "experience harassment at school from other students and enjoy little protection from school administrators" (The Advocates for Human Rights, et al. 22 Feb. 2021, 8). The Jinsiangu representatives indicated that LGBTQ students at boarding schools face "public humiliation, conversion therapy, and expulsion" (Jinsiangu 9 July 2021). The representatives also noted that there is discrimination and violence against LGBTQ students, including physical and sexual violence by students at schools, and that schools do not help LGBTQ students who complain about mistreatment (Jinsiangu 9 July 2021).

5. Support Services

The human rights defender indicated that there are no state support services (Human rights defender 30 June 2021). The same source noted that "a lot of support comes from NGOs and civil society organizations, as opposed to the government" (Human rights defender 30 June 2021). The Jinsiangu representatives indicated that most support services are provided by NGOs (Jinsiangu 9 July 2021). The representatives noted that at the national level Jinsiangu has received support from the Ministry of Health and the National Human Rights Commission (Jinsiangu 9 July 2021). The PEMA Kenya representative stated that there are government interventions for men who have sex with men, but that other LGBT individuals are excluded (PEMA Kenya 12 July 2021). Sources indicate that there is a government program for intersex and transgender individuals to access treatment for HIV (PEMA Kenya 12 July 2021; Jinsiangu 9 July 2021).

5.1 Examples of Non-Governmental Advocacy and Support Services

According to the human rights defender, "most" support services are located in city centres and organizations in cities typically have more funding, compared to organizations in rural areas (Human rights defender 30 June 2021). The same source noted that "a lot" of rural organizations have shut down due to COVID-19 (Human rights defender 30 June 2021).

The human rights defender indicated that NGOs provide different services, including legal aid, health, and advocacy, but noted that "shelters are not common" (Human rights defender 30 June 2021).

The NGLHRC provides legal aid services to individuals of diverse SOGIE across Kenya, including daily free legal aid offered through its legal aid centre (NGLHRC n.d.b).

Jinsiangu provides information, health services, and psycho-social support for intersex, transgender, and gender-non-conforming (ITGNC) individuals (Jinsiangu n.d.).

PEMA Kenya provides support for different religious groups, peer-to-peer counselling, skills training, and economic empowerment programs (PEMA Kenya 12 July 2021). PEMA Kenya also offers a support system for LGBTQ individuals who wish to come out and provides awareness training for parents and family members (PEMA Kenya 12 July 2021).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The National Gay and Lesbian Human Rights Commission (NGLHRC) is a Kenyan NGO that provides "a coordinated national legal aid response mechanism for Kenya's LGBTIQ community across every city, town, rural area, and county" (NGLHRC n.d.a).

[2] The Eagles for Life is "a community-based organization" located in Kisii, Kenya that "champions the rights of sexual minorities, advocates for improved access to health services, and fights for the inclusion of minority persons in the policy formulation processes" (The Advocates for Human Rights, et al. 22 Feb. 2021, 1).

[3] Sign Ishara "is a Kenyan consultancy firm that works to encourage inclusivity in all aspects of disability, with particular expertise in the areas of disability and education" (The Advocates for Human Rights, et al. 22 Feb. 2021, 1).

[4] Oasis Research is a Kenyan research consultancy that provides "research and advisory services in the fields of good governance, human rights, rule of law, access to justice, [and] law enforcement" (The Advocates for Human Rights, et al. 22 Feb. 2021, 1).

[5] Persons Marginalized and Aggrieved in Kenya (PEMA Kenya) is an NGO that aims to "advance[e] the human rights of gender and sexual minorities, specifically in Mombasa" (PEMA Kenya n.d.).

[6] Jinsiangu is a Kenya-based NGO that "seeks to ensure the lives and wellbeing of [Intersex, Transgender, and Gender-Non-Conforming (ITGNC)] persons" (Jinsiangu n.d.).

[7] Kenya Youth Development and Education Support Association (KYDESA) is a Kenya-based NGO that promotes the health and rights of the lesbian, gay, and bisexual communities in Nakuru County (GALCK n.d.a).

[8] The Gay and Lesbian Coalition of Kenya (GALCK) is the national umbrella body of a coalition of SOGIE organizations in Kenya (GALCK n.d.b).

References

The Advocates for Human Rights, et al. 22 February 2021. Kenya: Alternative Report Relating to the Rights of LGBTI Persons. [Accessed 29 June 2021]

Freedom House. 3 March 2021. "Kenya." Freedom in the World 2021. [Accessed 14 June 2021]

Gay and Lesbian Coalition of Kenya (GALCK). N.d.a. "Kenya Youth Development and Education Support Association (KYdesa)." [Accessed 12 July 2021]

Gay and Lesbian Coalition of Kenya (GALCK). N.d.b. "About Us." [Accessed 5 July 2021]

Human rights defender, National Gay and Lesbian Human Rights Commission (NGLHRC). 30 June 2021. Interview with the Research Directorate.

Human Rights Watch (HRW). 13 January 2021. "Kenya." World Report 2021: Events of 2020. [Accessed 14 June 2021]

Jinsiangu. 9 July 2021. Interview with representatives.

Jinsiangu. N.d. "About Us." [Accessed 5 July 2021]

Kenya. 1930 (amended 2012). Penal Code. [Accessed 6 July 2021]

Kenya Stakeholder's Coalition for the Universal Periodic Review (KSC-UPR). [2019]. Kenya UPR Stakeholders' Coalition. [Accessed 30 June 2021]

Kenya Youth Development and Education Support Association (KYDESA). 23 June 2021. Correspondence from the Executive Director to the Research Directorate.

National Gay and Lesbian Human Rights Commission (NGLHRC). N.d.a. "History of NGLHRC." [Accessed 5 July 2021]

National Gay and Lesbian Human Rights Commission (NGLHRC). N.d.b. "Our Programs." [Accessed 5 July 2021]

The New York Times. 24 May 2019. Reuben Kyama and Richard Pérez-Peña. "Kenya's High Court Upholds a Ban on Gay Sex." [Accessed 30 June 2021]

Persons Marginalized and Aggrieved in Kenya (PEMA Kenya). 12 July 2021. Interview with a representative.

Persons Marginalized and Aggrieved in Kenya (PEMA Kenya). N.d. Homepage. [Accessed 12 July 2021]

Pew Research Center. 25 June 2020. Jacob Poushter and Nicholas O. Kent. The Global Divide on Homosexuality Persists. [Accessed 30 June 2021]

Reuters. 22 March 2019. Nita Bhalla. "Victory for Kenya's LGBT+ Community as Charity Wins Right to Be Recognized." [Accessed 5 July 2021]

Reuters. 22 March 2018. Nita Bhalla. "Rare Win for Gay Rights as Kenya Court Rules Forced Anal Tests Illegal." [Accessed 6 July 2021]

United Nations (UN). 11 May 2021. Human Rights Committee. Concluding Observations on the Fourth Periodic Report of Kenya. (CCPR/C/KEN/CO/4) [Accessed 7 July 2021]

United Nations (UN). 18 November 2019. Office of the UN High Commissioner for Human Rights (OHCHR). Compilation on Kenya: Report of the Office of the United Nations High Commissioner for Human Rights. (A/HRC/WG.6/35/KEN/2) [Accessed 5 July 2021]

Voice of America (VOA). 24 November 2020. Rael Ombuor. "Kenya's LGBTQ Community Faces Increased Abuse During Pandemic." [Accessed 29 June 2021]

Voice of America (VOA). N.d. "Mission and Values." [Accessed 6 July 2021]

Additional Sources Consulted

Oral sources: Amkeni Malindi; Gay and Lesbian Coalition of Kenya; Gay Kenya Trust; Ishtar MSM; Kenya Human Rights Commission; Kenya Legal and Ethical Issues Network on HIV and AIDS; Mamboleo Peer Empowerment Group; Minority Women in Action; Pwani Trans Initiative; Rainbow Women of Kenya; Transgender Education and Advocacy; Usawa Kwa Wote Initiative.

Internet sites, including: Amkeni Malindi; Amnesty International; Associated Press; Australia – Department of Foreign Affairs and Trade; BBC; Bertelsmann Stiftung; Daily Nation; The EastAfrican; ecoi.net; Gay Kenya Trust; Georgetown University – Georgetown Journal of International Affairs; The Guardian; International Lesbian, Gay, Bisexual, Trans and Intersex Association; Ishtar MSM; Kenya Broadcasting Corporation; Kenya Legal and Ethical Issues Network; Kenya News Agency; Mamboleo Peer Empowerment Group; The Standard; The Star; Stonewall; UK – Home Office; UN – Refworld; US – Department of State, Library of Congress; The Washington Post.