Treatment of homosexuals by the authorities and the society in general [KEN31719.E]

Generally, homosexuality in Kenya is viewed with hostility and denial, and is legally criminalized, although some sections of the society currently acknowledge its existence (IPS 14 Aug. 1998; The Nation 24 June 1998a; ibid. 19 Mar. 1999). President Daniel Arap Moi of Kenya reportedly stated that "Kenya has no room or time for homosexuals and lesbians. Homosexuality is against African norms and traditions, and even in religion it is considered a great sin" (IPS 14 Aug. 1998; The Nation 24 June 1998a). An accountant with a Kenyan HIV/AIDS organization reportedly stated that "homosexuals are a menace to society. They should not only be jailed, but the key to the lock should be thrown away" (ibid.).

Nonetheless, homosexuality is allegedly common (IPS 14 Aug. 1998; The Nation 24 June 1998) and so is bisexuality (ibid.). Furthermore, the voice of homosexuals is reportedly beginning to be heard (IPS 14 Aug. 1998. Homosexuality, especially among young people, is not only "a lifestyle but fashionable." (ibid.). The IPS report further claims that at the University of Nairobi, young men openly refer to themselves as gay and meet regularly to socialize (ibid.). Studies by the African Medical Research Foundation (AMREF) allegedly "show evidence of homosexual activity," and an official of Kenya AIDS NGO Consortium, claims that "sex between men is practised in prisons, the military, boarding schools and colleges throughout Kenya," while a document that was adopted unanimously by the Kenyan Parliament in 1997 corroborates the statement of the Kenya AIDS NGO Consortium's official adding that "groups such as beach boys, watchmen … and truck drivers may usually establish casual [homosexual] relationships" (ibid.).

The IPS report alleges that the practice is more common in the coastal region of Mombasa where "marriages" between men is "perhaps" more acceptable (IPS 14 Aug. 1998; see also The Nation 24 June 1998b), due to the Swahili culture and the fact that a word for homosexuality exists in the culture (The Nation 24 June 1998a). However, a commentary in the same paper disputes this claim and maintains that homosexuality is common although unacceptable throughout Kenya (ibid.). According to the article,

In Mombasa...there is a greater acknowledgement of homosexuality, but no more acceptance. Men who are believed to have sex with men are despised, ridiculed, harassed and sometimes beaten and during political campaigns-emotionally charged periods when people commonly express deep-seated fears and hatred-often threatened with lynching. Children shout shoga (male prostitute) at them on the streets (ibid.).

Apparently gays have been attempting to open their own clubs since 1960 but because homosexuality is considered a crime, few men are willing to come out of the closet and "to openly admit their homosexuality and to demand a place for gay men in Kenyan society" (ibid. 24 June 1998b).

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.

References


Inter Press Service (IPS). 14 August 1998. Wanjira Kiama. "AIDS-Kenya: Where are Kenya's Homosexuals?" (NEXIS)

The Nation [Nairobi]. 19 March 1999. "Federation of Kenya Women Lawyers Stand on Homosexuality." [Internet] http://www.africanews.org/women/stories/19990319_feat4.html [Accessed: 16 Apr.1999).

_____. 24 June 1998a. "Kenya: Homosexuality Takes Root in Kenya." (Africa News/NEXIS)

_____. 24 June 1998b. "Kenya: The "Myth" of Homosexuality in Kenya Society." (Africa News/NEXIS)

Associated documents