Document #1095768
IRB – Immigration and Refugee Board of Canada (Author)
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)
Treatment of homosexuals by the authorities and the society in general [KEN31719.E] (Response, French)