Research Directorate, Immigration and Refugee Board of Canada

1. Legislation

The Kenya Penal Code provides the following:

162. Unnatural offences

Any person who—

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

(b) has carnal knowledge of an animal; 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—

(i) the offence was committed without the consent of the person who was carnally known; or

(ii) 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 in original, notes omitted).

In their joint report submitted to the UN Universal Periodic Review, the Advocates for Human Rights (The Advocates) [1] and the Eagles for Life Kenya (TEFL-K) [2] describe the following:

The law is … vague and opaque; the vocabulary of the legal provisions does not define what "unnatural carnal knowledge" constitutes. This fosters arbitrary interpretation and application of the law because police officers and government officials have considerable discretion in their interpretation of these provisions. (The Advocates & TEFL-K 2024-10-11b, para. 9)

Citing the Penal Code, sources note that same-sex consensual sex between men is illegal and is punishable with a prison sentence (Human Dignity Trust 2026-02-11; US 2024-04-22, 35). The Advocates & TEFL-K report notes that "[w]hile sections 162-165 of Kenya's Penal Code do not criminalize LGBTIQ+ identities, they do criminalize same-sex sexual conduct and have been used to prosecute LGBTIQ+ persons" (The Advocates & TEFL-K 2024-10-11b, para. 8).

Regarding trans people, the Advocates and TEFL-K report states the following:

Kenya lacks laws that permit transgender people to legally change their gender. Transgender individuals who engage in sexual activity with cisgender people of a different gender (e.g., transgender men who have sex with cisgender women and transgender women who have sex with cisgender men) may fall victim to the law criminalizing consensual same-sex sexual activity between adults. (2024-10-11b, para. 2, emphasis omitted)

The same source, citing the Centre for Minority Rights and Strategic Litigation (CMRSL), a Kenya-based organization working to "reduce discrimination and violence" against LGBTQ individuals through litigation, legal representation, advocacy, and education (CMRSL n.d.), notes that 2 trans women were "reportedly" tried for "'indecent practice between males'" under section 165 of the Penal Code in 2022 (The Advocates & TEFL-K 2024-10-11b, para. 17).

Sources report that in 2026 the High Court in Kenya ruled that the government cannot refuse requests to amend gender markers on birth certificates and other ID documents (Washington Blade 2026-05-26; Citizen Digital 2026-05-20; LGBTQ Nation 2026-05-26). Sources indicate that the court ruled that the petitioners faced "harassment, forced disclosure of private information and difficulties in accessing essential services" due to their misgendered documents (Citizen Digital 2026-05-20) or that the petitioners' lawyers asserted that the "state subjected [the petitioners] to humiliation" (LGBTQ Nation 2026-05-26). According Hivi Leo, an online Kenyan news magazine, the ruling means that authorities are obliged to review on a "case-by-case basis" applications for gender marker changes to identity documents, taking into consideration "medical, legal and administrative evidence while ensuring fair and consistent decision-making" (Hivi Leo [2026-05]). Information on the implementation of changes to gender markers on ID in Kenya could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.1. Intersex People

Sources indicate that intersex people are recognized under the law and can identify as intersex (US 2024-04-22, 38; Outright 2026-03-12; The Kenya Times 2025-02-11). However, the Kenya Times, a news website, reports that despite official recognition, "[s]ocietal stigma and discrimination continue to hinder intersex persons from fully participating in social, economic, and political spheres" (2025-02-11).

A 2018 report by the Kenya National Commission on Human Rights (KNCHR), a state agency that acts as a "watch-dog" (Kenya n.d.), indicates that parents and medical professionals "often" make the "irreversible decision" to perform surgery on intersex children to "'normalize' their genitalia" (Kenya 2018). The US Department of State's Country Reports on Human Rights Practices for 2023 notes that in 2022 Kenya amended the Children Act to "protec[t] children from unnecessary harmful genital surgeries" (US 2024-04-22, 38). However, Outright International (Outright), an organization that works with partners globally to "strengthen the capacity of the LGBTIQ human rights movement," including by documenting human rights violations (Outright n.d.), indicates that the 2022 amendment did not "explicitly prohibit medically unnecessary surgeries" (2026-03-12). The same source adds that the amendment introduces "some explicit protections for intersex children, removing legal invisibility and providing tools for advocacy, documentation, and access to public services," but notes that the implementation and "detailed clinical protocols" around these protections are pending (Outright 2026-03-12).

The Children Act, 2022 provides the following on the protections for intersex children:

21. An intersex child shall have the right to be treated with dignity, and to be accorded appropriate medical treatment, special care, education, training and consideration as a special need category in social protection services.

…

23. (1) No person shall subject a child to—

…

(f) except with the advice of a medical geneticist, organ change or removal in case of an intersex child; … (Kenya 2022)

2. Situation Since President William Ruto Took Office

According to a 2025 New York Times article, activists indicate that while Kenya is "considered more tolerant" regarding LGBTQ+ sentiment than neighbouring countries, it has become "more hostile" since President William Ruto, "an evangelical Christian," took office in [September] 2022 (2025-01-02). Freedom House notes that "[a]nti-LGBT+ disinformation has accelerated since 2023, placing LGBT+ people at heightened risk of discrimination or violence and incentivizing them to self-censor" (2025-02-26, Sec. D4).

Sources indicate that in 2023 the Supreme Court ruled that the government cannot refuse to register the NGO National Gay and Lesbian Human Rights Commission (NGLHRC) as an organization, as denying registration on the basis of sexual orientation is unconstitutional (Al Jazeera 2023-03-23; Erasing 76 Crimes 2025-07-14). Sources state that following the ruling, the situation for LGBTQI+ individuals "deteriorated" (Erasing 76 Crimes 2025-07-14) or that the ruling led to a "backlash" that included "death threats" against LGBTI individuals (Amnesty International 2024-04-25, 227). Freedom House similarly notes that LGBT+ individuals faced "increased threats" following the ruling (2025-02-26, Sec. F4).

Erasing 76 Crimes, a news website reporting on the impact of "anti-LGBTI laws and the struggle to repeal them" (Erasing 76 Crimes n.d.), writes that Kenya had been a "relatively accommodative environment" and that statutes criminalizing same-sex relations were "rarely enforced" (2025-07-14). However, the 2023 Supreme Court ruling "galvanized many Kenyans against [the LGBTQ+ community] and exposed them to danger" (Erasing 76 Crimes 2025-07-14). The same source further notes that the authorities "teamed up with anti-rights groups to not only criticize the decision but also embarked on an anti-gay crusade online and in the real world" (Erasing 76 Crimes 2025-07-14). Freedom House notes that the decision was met with protests (2025-02-26, Sec. F4).

Al Jazeera indicates that in 2023 President Ruto and "many religious leaders and political pundits" "condemn[ed] the court's conclusion" (2023-03-23). The same source, citing Citizen TV, a "local media outlet," reports that Ruto stated that he was "'a God-fearing man'," and said that "'even if we respect the court, our culture, [and] values, Christianity and Islam cannot allow women to marry each other, or men to marry fellow men'" (Al Jazeera 2023-03-23).

3. Treatment of People of Diverse SOGIESC

3.1.1. Treatment by Society

According to Bertelsmann Stiftung's Transformation Index (BTI) 2026, which "assesses the transformation toward democracy and a market economy as well as the quality of governance in 137 countries," in Kenya, "[a]lthough discrimination based on gender, sexual orientation, ethnicity or religion is prohibited by law, it continues to occur in practice" (Bertelsmann Stiftung 2026, 2, 14). The Kenya Times indicates that "[w]hile there have been some legal victories … discrimination and violence against LGBTQI+ individuals remain widespread" (2025-02-11). Al Jazeera states that supporters of the anti-gay movement "say the lifestyle of the LGBTQ community threatens traditional values" (2023-03-23).

According to a 2022 Guardian article, "catfishing"—using a fake identity to "lure" others online—is a "common" method of extorting LGBTQ+ individuals in Kenya (2022-01-04). The source cites the NGLHRC Executive Director as noting that "cases of blackmail and extortion are increasing, methods are becoming more sophisticated and while this type of crime used to be limited to Nairobi, it has now spread to other areas" (The Guardian 2022-01-04).

In a 2024 survey exploring attitudes toward homosexuality by the Pew Research Center [3], 87% of respondents from Kenya reported that they would feel "uncomfortable" if they had a gay or lesbian child (2025-08-20). The same source also reports that in their Global Attitudes Survey conducted in 2023, 82% of Kenyans surveyed stated that they strongly oppose same sex marriage (Pew Research Center 2023-11-27).

A 2022 study on conversion therapy conducted by the Gay and Lesbian Coalition of Kenya (Galck+) [4], with support and financing from Outright, reports that

[o]f 547 completed surveys, 478 respondents described incidents in which they or other LGBTIAQ+ Kenyans had experienced abuses, including intentional violence, by practitioners in an effort to compel change. Methods of conversion "therapy" identified by respondents include unethical physical and medical "treatments," beatings and forced sex or marriage and prolonged detention in homes or camps. (Galck+ 2022, acknowledgment, 2)

Outright describes hate speech from religious leaders as "prevalent" (2026-03-12). According to Al Jazeera, the Anglican Archbishop in Kenya "speculated that the alleged spread of homosexuality was a sinister ploy by environmentalists to depopulate the globe in an effort to address climate change" (2023-03-23). The Guardian, citing a programming manager at Ishtar MSM, a community-based organization advocating for the sexual health rights of men who have sex with men (Ishtar MSM n.d.), states that in the context of an "'anti-[LGBTQ+] rights movement'" occurring in Kenya, some churches are "'educating'" their congregations "'on how to profile queer people'," resulting in "rising violence" (2026-03-11). An article in the Canadian Press notes that priests and imams in Kenya "have been at the forefront of campaigning" for a proposed bill seeking to "drastically reduce rights for gender and sexual minorities" (2025-04-14). The same article covers efforts by some religious groups in Kenya "trying to shift the role of religion from a tool of oppression against gender and sexual minorities, into a source of strength and resilience" (The Canadian Press 2025-04-14).

Referencing the February 2023 Supreme Court ruling concerning the right of SOGIESC group to register as organizations, Amnesty International notes that alongside the "positive reception" of the ruling came "unintended consequences" (2024-01-09, 26). For example, an "online advocacy of hatred campaign" called #SayNotoLGBTQ led to "direct attacks" against SOGIESC persons, "forcing many to flee their homes" and leaving "some" individuals "facing forced eviction" (Amnesty International 2024-01-09, 26). The same source further notes that "intensified hostility" caused the shuttering of offices and health facilities which support SOGIESC persons (Amnesty International 2024-01-09, 26). The Daily Nation, a Kenya-based newspaper, indicates that CMRSL, along with an individual who advocates for SOGIESC rights, filed a petition to the High Court at Mombasa in response to the anti-LGBTQ+ movement calling for "violence against [SOGIESC persons], their expulsion from [Kenya], and the closure of organizations offering services" to the SOGIESC community at a demonstration in Mombasa (2026-02-23). Sources indicate that in 2024 the court issued a temporary protection order that barred "incit[ement]" against the SOGIESC community (Human Dignity Trust 2026-02-11; Daily Nation 2026-02-23), although as of February 2026 the final decision was pending the full hearing of the case (Human Dignity Trust 2026-02-11). Information on the final decision on this case could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.1.2. Killings of SOGIESC Persons

A 2022 BBC article quotes an NGLHRC tweet as stating that there is "a pattern of attacks and violence against LGBTIQ+ persons" in the country (2022-04-22). Sources describe the following cases of killings of SOGIESC persons:

• In 2023, an LGBTQ+ activist died under "violent" circumstances (Amnesty International 2024-01-09, 25) or was "sexually assaulted" and died from "asphyxiation" (BBC 2024-12-16). While it was ["speculat[ed]" to be (BBC 2024-12-16)] a case of intimate partner violence (Amnesty International 2024-01-09, 25; BBC 2024-12-16), "certain anti-LGBTI groups exploited the situation to perpetuate a homophobic narrative that persisted for several weeks" (Amnesty International 2024-01-09, 25). A man [who was the activist's housemate (BBC 2024-12-16) or "long-time friend" (Human Dignity Trust 2026-02-11)] was sentenced to 50 years in prison for the killing in 2024 (BBC 2024-12-16; Human Dignity Trust 2026-02-11).
• In May 2022, an intersex person was raped and killed (LGBTQ Nation 2023-06-07;
• Daily Nation 2022-05-05), then found "at the side of the road in Kachibora township" in Trans-Nzoia County (Daily Nation 2022-05-05). This case was "never conclusively investigated" and no one has been arrested or prosecuted (NGLHRC [2024], 4).
• In April 2022, a non-binary lesbian was raped and murdered (BBC 2022-04-22; Human Rights Watch 2022-04-29), with a postmortem report noting "blunt force" injuries to the victim's head and "stab" wounds on their face and upper body (Human Rights Watch 2022-04-29). Activists started a campaign for justice due to the "inadequate police response" (Human Rights Watch 2022-04-29). A man was sentenced to 30 years for the murder (Erasing 76 Crimes 2023-12-23).
  
  

3.1.3. Treatment Within Refugee Camps

US Country Reports 2023 lists LGBTQI+ persons as among the "vulnerable populations" of asylum seekers for whom gender-based violence "particularly" posed a problem (US 2024-04-22, 18). Based on interviews with 41 LGBTI individuals conducted between 2018 and 2023, a joint report by Amnesty International and NGLHRC notes that LGBT asylum seekers residing in the Kakuma refugee camp faced "hate crimes," including "physical and sexual violence and other serious human rights abuses" (Amnesty International & NGLHRC 2023-05-19, 7−8, 10). Sources indicate that in October 2023 Kenya's parliament launched an investigation into claims that the Kakuma refugee camp is "promot[ing]" homosexuality (Browne 2025-10, 42; The Star 2023-10-09).

3.1.4. Treatment in Nairobi

In correspondence with the Research Directorate, a policy and advocacy program officer at Persons Marginalized and Aggrieved (Pema) Kenya, an LGBTIQ+ community-led organization that conducts policy advocacy and human rights documentation, stated the following:

Nairobi is generally perceived to be more diverse than many other parts of Kenya … , but it cannot be described as a city where LGBTQI+ persons can live openly and safely without risk. Individuals who are open about their sexual orientation or gender identity remain vulnerable to discrimination, harassment, intimidation, physical violence, blackmail, extortion, family rejection, arbitrary arrest, and public outing. Many … choose to conceal their identities in workplaces, educational institutions, healthcare settings, and residential areas because disclosure can result in eviction, dismissal from employment, social exclusion, or violence. … Although these experiences are common in Nairobi, similar or more severe discrimination is reported across many parts of Kenya. (Pema Kenya 2026-07-24)

In correspondence with the Research Directorate, a programmes manager at Jinsiangu [5] similarly stated that while Nairobi is "generally more diverse and accepting," intersex, trans and gender non-conforming (ITGNC) individuals cannot live openly in Nairobi "without fear of discrimination or harm"; "while some individuals are able to express their identities more freely in certain spaces, safety often depends on factors such as where they live, work, or study, their visibility, and their support systems" (Programmes Manager 2026-08-03).

The information in the following 2 paragraphs was provided in a study first published online in December 2023, then published again in 2025 in the [peer-reviewed (Sage Journals n.d.)] journal Sexualities, authored by Shai André Divon, an associate professor of global studies at the Norwegian University of Life Sciences and 2 co-authors, based on interviews and online focus groups with 32 LGBTQI adults living in Nairobi conducted during the COVID-19 pandemic:

The city offers "varying degrees of freedom," with 19 participants stating that "compared to other places, some spaces in Nairobi allowed them to feel comfortable with their sexual identity, even though the city is far from being safe for the community." "In general," suburban, and "especially" middle- or high- income areas were considered spaces in which, as one participant expressed, "'no one will tamper with your lifestyle'." Conversely, in "low-income, densely populated areas with low education levels and limited privacy due to closely packed buildings," there was "reduced tolerance" for LGBTQI individuals. According to "most participants," such areas "allowed little space for diverse views on sexuality or religion."

"Participants highlighted how religious beliefs perpetuated stereotypes and stigmatized LGBTQI individuals. Cultural and traditional expectations, particularly regarding gender roles and norms, further reinforced the othering of LGBTQI individuals."

Fear emerges as a dominant emotion guiding the decisions of LGBTQI individuals in Nairobi. Participants shared stories of violence and harassment experienced by themselves or others … , emphasizing fear as a significant motivator for concealing sexual identities. (Divon, et al. 2025, 960−961, 963, 971)

According to an article written for CNN's As Equals series [6], 26 trans and intersex individuals interviewed by CNN reported that it is "common" in Nairobi and Mombasa for police officers to demand bribes from individuals to avoid arrest or to be released, particularly for those walking on foot (2024-04-04). However, the Mombasa County police commander indicated to CNN that he was unaware of "any" officers soliciting bribes or of having complaints made against them (2024-04-04). CNN also notes, citing a local housing agent, that in Nairobi, "gender non-conforming people often have to pay extra to secure housing" (2024-04-04).

3.2. Treatment by Authorities

The joint report by the Advocates and TEFL-K notes that police "often arrest" LGBTIQ+ individuals under the Penal Code "based solely on their own assumptions of sexual conduct drawn from a victim's manner of dressing, walking, and gender expression" (2024-10-11b, para. 9). Human Dignity Trust states that there is "some evidence of the [Penal Code] being enforced in recent years, with LGBT people occasionally being subject to arrest under the criminalising provisions"; however, "more often" police arrest LGBT people for "'loitering', 'solicitation' and 'impersonation'" (2026-02-11). Citing the head of legal affairs at the NGLHRC, CNN reports that Kenya's criminalization of same sex activity "allows the police to harass and arrest LGBTQ+ [individuals], claiming they were engaging in same sex intercourse. Trans people are free to express their gender identity, but their physical presentation can make them targets of harassment even by the public authorities" (2024-04-04).

A 2023 article by BBC notes that while Kenya criminalizes homosexuality, "the government can also be tolerant of gay people – for example, it has given asylum, to people from other African countries, including Uganda, who faced persecution in their home countries because of their sexual orientation" (2023-07-18). However, US Country Reports 2023 notes that the "government generally did not complete case processing of lesbian, gay, bisexual, transgender, and queer asylum seekers" (US 2024-04-22, 18).

Citing their correspondence with activists, Amnesty International notes that some political figures have offered to "'pay those who will attack'" members of the LGBTI community (2024-01-09, 26). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to Al Jazeera, in response to the 2023 Supreme Court ruling, Kenya's Ministry of Education announced that chaplains would be sent to schools to prevent "'infiltration' by LGBTQ people" (2023-03-23). The media outlet Africanews reports that the ministry launched a committee headed by an archbishop of the Anglican Church to "deal with LGBTQ issues in schools" (2024-08-13).

4. State Protection

Providing examples of "hate crimes, discrimination, and other human rights violations" against SOGIESC asylum seekers in Kakuma Camp from their joint report with NGLHRC, Amnesty International observes that within Kenya, "many" other such cases go unreported due to the LGBTQI community's "prevailing lack of trust in the justice system" (Amnesty International 2024-01-09, 26, 27). NGLHRC adds that "[c]ases of violence against LGBTQI+ persons, especially LGBTQI+ persons with a public profile in Kenya are rarely concluded and are generally not investigated at all" ([2024], 3−4). As examples, the same source points to 4 cases of SOGIESC individuals found dead between 2021 and 2022, including a case that was described in section 3.1.2 of this Response, that "were never conclusively investigated and no suspects were apprehended [or] prosecuted" (NGLHRC [2024], 4).

The information in the following 2 paragraphs was provided by Jinsiangu's Programmes Manager:

There have been "instances" of professional response from the police who investigated complaints from ITGNC individuals. However, "many" ITGNC individuals encounter barriers when seeking protection, including "stigma, misgendering, insensitive treatment, reluctance to record complains, victim blaming, or, in some cases, harassment."

"In practice," ITGNC individuals' experience with the police varies "significantly depending on the location, the individual officers involved, and the nature of the case." In "major urban areas such as Nairobi, Mombasa, and Kisumu," "individuals may have better access to support in navigating the justice system and advocating for appropriate police responses" (Programmes Manager 2026-08-03).

Pema Kenya's Program Officer noted that LGBTQI individuals do not "trust the police because officers are frequently perceived as perpetrators of abuse rather than sources of protection" resulting in "significant" underreporting of crimes (Pema Kenya 2026-07-24). In a March 2026 Guardian article, the NGLHRC Executive Director noted that "[m]any cases of blackmail and extortion [against SOGIESC individuals] go unreported," due to "'fear of self-incrimination'" (2026-03-11). The Jinsiangu Programmes Manager indicated that "[m]any" ITGNC individuals are "reluctant to report police misconduct due to fear of retaliation, secondary victimization, being outed, or lack of confidence that their complaints will be handled impartially" (Programmes Manager 2026-08-03).

Pema Kenya's Program Officer stated that while there are "formal accountability mechanisms" for recourse, such as the Independent Policing Oversight Authority (IPOA), the Internal Affairs Unit of the National Police Service, the KNCHR, and the courts, "[s]urvivors often fear retaliation, public exposure, breaches of confidentiality, and further discrimination" and have "limited confidence that accountability will be achieved" (Pema Kenya 2026-07-24). Similarly, Jinsiangu's Programmes Manager stated that both "access" and the "implementation" of legal and institutional redress mechanisms are "often" inconsistent and challenging; "accountability is not always achieved" (Programmes Manager 2026-08-03). In a 2022 Guardian article, the Executive Director of the NGLHRC noted that they made 5 complaints of misconduct to the IPOA in the preceding 2 years but that "'very little'" has been done (2022-01-04). However, an IPOA spokesperson denied having received "'any complaint … of police targeting individuals as a result of their sexual affiliation'" (The Guardian 2022-01-04).

The information in the following paragraph was provided in a March 2026 Guardian article:

In a "rare example of justice being served for the queer community," 2 men were sentenced to 15 years for "robbery with violence." They were 2 of 4 alleged attackers of 2 gay men, who experienced "hours of violence and verbal abuse" and were "blackmail[ed]" into asking relatives and friends to transfer money to the attackers or be outed. The NGLHRC Executive Director cited in the article stated that the perpetrators were "part of a larger criminal gang, involving members of the police, which regularly terrorised queer men" and that "several of these organised cartels operat[e] throughout Kenya." However, a spokesperson for the Kenyan police denied police involvement, adding that if there were leads, they "would be duty-bound to act on any complaint raised" (The Guardian 2026-03-11).

In the 2022 Guardian article, a member of Galck+ stated that they received reports of police entering homes, "threatening" prosecution under section 162 of the Penal Code, and using the resident's phone to trace other gay men (2022-01-04).

5. Access to Employment, Housing, and Healthcare

US Country Reports 2023 states that the law does not "specifically recognize or protect the rights of LGBTQI+ persons in housing, employment, education, or health care" (US 2024-04-22, 37). A 2024 International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) World report states that Kenya does not have "national legislation protecting persons based on their SOGIESC in the provision of goods and services, healthcare, education, employment, or housing" (2024-05-30, 111). However, according to Galck+, Kenya's Constitution "guarantees every individual the right to accessible and adequate housing," and this applies regardless of gender identity or sexual orientation (n.d.b.).

In the Divon, et al. study, 13 of the 32 Nairobi-based participants "indicated varying degrees of openness about their sexual identity" (2025, 966). The authors note that "societal othering was the primary reason for making conscious choices to be invisible"; several participants hid their identity from co-workers and employers, since they "feared [revealing their identity] would jeopardize job security and personal safety" (Divon, et al. 2025, 966−967). An intersex participant recounted that a potential employer required a medical examination to prove their gender (Divon, et al. 2025, 968). Divon, et al. add that transgender, intersex, and gender non-conforming individuals "face challenges obtaining personal documents" for employment and "accessing services such as banking, education, medical and rental agreements" (2025, 968).

According to a journal article by Katherine A. Lewis at the University of California Los Angeles's school of public health and 9 co-authors, using 60 participant interviews with gay and bisexual men conducted prior to the COVID-19 pandemic, participants experienced stigma in the workplace, including "discrimination and harassment" from co-workers and supervisors, leading to "difficulties in acquiring and maintaining steady work"; the study notes that professional difficulties "especially for more feminine-presenting men" can include "being arbitrarily denied a position despite their qualifications from the job, being terminated from a position because of their sexuality, or experiencing hostility in the workplace" (Lewis, et al. 2023-02-05).

Regarding health care, Lewis, et al. note that participants experienced being "denied treatment and rejected from healthcare settings once staff learned of their sexual orientation" (2023-02-05). According to CNN's As Equals series, government health facilities "are another place where multiple LGBTQ+ people said that money was being extorted from queer and intersex people" (2024-04-04). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Deutsche Welle (DW) cites a director from the Kenya-based organization Health Options for Young Men on HIV/AIDS & STIs (HOYMAS), which runs 3 facilities in Nairobi, Kajiado, and Nyeri, who notes that their operations are helped by "limited" support from Kenya's Social Health Authority (2026-06-10). The same article cites a Nairobi resident who explains that LBGTQ+ people "'often fe[el] more comfortable'" seeking care through community organizations because they are treated with "'dignity'"; regarding "mainstream" health care, the same resident noted that it is "'not always'" the case that individuals can "'simply walk into any hospital'," as "'[s]ome people fear discrimination or judgment when seeking treatment'" (DW 2026-06-10). Jinsiangu's Programmes Manager indicated that in Nairobi ITGNC individuals experience difficulty accessing healthcare services, "intrusive questioning," as well as denial of treatment and insurance coverage (Programmes Manager 2026-08-03).

According to Erasing 76 Crimes, activists indicated that "evictions of queer tenants by landlords has become a common occurrence" in parts of Nairobi and other parts of Kenya (2025-07-14). CNN's As Equals series indicates that there are "discriminatory housing practices," recounting instances in which a trans woman had to pay a bribe to get a room at a hostel for women because they "'loo[k] like a man'" and another who was refused housing because of their "feminine appearance" (2024-04-04). Jinsiangu's Programmes Manager stated that in Nairobi, "housing discrimination" occurs for ITGNC individuals; landlords either refuse to rent or evict tenants upon learning about their gender identity (Programmes Manager 2026-08-03).

Regarding intersex people, the Kenya Times indicates that "[a]ccess to appropriate healthcare, education, and employment opportunities remains limited for many" (2025-02-11).

6. Support Services

A paper by Evie Browne, a research fellow in the gender equality and social inclusion program at ODI Global, a global affairs think tank that provide research and advice (ODI Global n.d.), states that although LGBTQI+ NGOs have "only recently" been legally able to register, there is a "mature LGBTQI+ rights movement, with well-networked community organisations lobbying, raising awareness and bringing strategic litigation cases" (Browne 2025-10, 21).

According to DW, LGBTQ+ organizations have experienced "[d]eep funding cuts" and "shrinking services" in connection to US funding cuts (2026-06-10). The same source notes that services like "outreach, healthcare worker training, violence reporting and peer educator programs have been severely reduced" (DW 2026-06-10).

6.1. Examples of Non-Government Advocacy and Support Services

Since 2020, Galck+ provides psychosocial support through their Mental Health Initiative to LGBTQI+ people to address mental health challenges "often exacerbated by societal discrimination," and have provided 2,900 therapy sessions (Galck+ n.d.c). Galck+, since 2016, offers an Emergency Security Response Mechanism to "address the absence of adequate safeguards for LGBTQ+ individuals, despite constitutional protections"; they collaborate with community members from 25 counties to "respond to incidents [and] coordinate post-incident actions" (Galck+ n.d.d).

According to Browne, CMRSL offers litigation services and has litigated an LGBTQ+ hate speech case (2025-10, 21).

Pema Kenya indicates, in their 2024 annual newsletter, that they provide advocacy, education, and community support to gender and sexual minority (GSM) individuals and also engage with their families ([2025], 2, 11). The same source notes that they provide "pastoral care" to GSM individuals (Pema Kenya [2025], 4, 12).

Ishtar MSM provides "[a]ctionable interventions," such as free HIV tests and counselling, free mobile health clinics, and community development aimed at "protecting the health rights of sexual and gender minorities" (Ishtar MSM n.d.).

TEFL-K provides temporary "emergency relocation, psychosocial care, and recovery spaces" for LGBTQIA+ and feminist human rights defenders facing "threats" (TEFL-K n.d.).

Jinsiangu provides programs for ITGNC individuals, related to rights advocacy and health care (Jinsiangu n.d.).

According to DW, HOYMAS has facilities in Nairobi, Kajiado, and Nyeri that "serve LGBTQ+ people and other key populations, including men who have sex with men, sex workers, people who inject drugs and transgender individuals" (2026-06-10).

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 Advocates is a US-based NGO that conducts monitoring, fact-finding, and training, and also provides legal services for "low-income" asylum seekers, including LGBTIQ+ individuals (The Advocates & TEFL-K 2024-10-11a). ^[back]

[2] TEFL-K is a Kenya-based organization advocating for human rights, particularly for LGBTIQ+ individuals (The Advocates & TEFL-K 2024-10-11a).^[back]

[3] The Pew Research Center is a "nonpartisan, nonadvocacy fact tank" that conducts "data-driven" social science research including public opinion polling (Pew Research Center 2025-08-20). ^[back]

[4] GALCK+ is an umbrella coalition of 18 LGBTQ+ organizations in Kenya (GALCK+ n.d.a).^[back]

[5] Jinsiangu is a Nairobi-based group that advocates for intersex, transgender, and gender-non-conforming persons (Jinsiangu n.d.).^[back]

[6] CNN's As Equals series is a journalism project focused on stories concerning gender inequality, which ran from 2018 to 2026, funded by grants from donors such as the Bill & Melinda Gates Foundation (CNN 2026-03-25). According to CNN, the project's content maintains "complet[e]" editorial independence, and runs according to CNN's usual journalistic standards (2026-03-25).^[back]

References

The Advocates for Human Rights (The Advocates) & The Eagles for Life Kenya (TEFL-K). 2024-10-11a. Kenya. Joint Stakeholder Report for the United Nations Universal Periodic Review: LGBTIQ+ Rights. Cover page. [Accessed 2026-08-13]

The Advocates for Human Rights (The Advocates) & The Eagles for Life Kenya (TEFL-K). 2024-10-11b. Kenya. Joint Stakeholder Report for the United Nations Universal Periodic Review: LGBTIQ+ Rights. [Accessed 2026-08-13]

Africanews. 2024-08-13 (originally published 2023-03-10). "Kenyan Launches LGBTQ Crackdown in Schools." [Accessed 2026-08-20]

Al Jazeera. 2023-03-23. "Why Are Kenya and Uganda Cracking Down on LGBTQ Rights?" [Accessed 2026-06-23]

Amnesty International. 2024-04-25. "Kenya." The State of the World's Human Rights: April 2024. [Accessed 2026-08-12]

Amnesty International. 2024-01-09. We Are Facing Extinction: Escalating Anti-LGBTI Sentiment, the Weaponization of Law and Their Human Rights Implications in Select African Countries. (AFR 01/7533/2024) [Accessed 2026-06-18]

Amnesty International & National Gay and Lesbian Human Rights Commission (NGLHRC). 2023-05-19. Kenya: "Justice Like Any Other Person." Hate Crimes and Discrimination Against LGBTI Refugees. (AFR 32/6578/2023) [Accessed 2026-06-19]

Bertelsmann Stiftung. 2026. "Kenya Country Report." Bertelsmann Stiftung's Transformation Index (BTI) 2026. < > [Accessed 2026-06-18]

Browne, Evie. 2025-10. Navigating the Politics of Backlash: LGBTQ+ Rights and the Family Protection Bill in Kenya. ODI Global. [Accessed 2026-06-30]

British Broadcasting Corporation (BBC). 2024-12-16. Ashley Lime. "Kenyan Gets 50 Years for Murder of LGBTQ+ Activist." [Accessed 2026-07-16]

British Broadcasting Corporation (BBC). 2023-07-18. Catherine Byaruhanga. "LGBT Rights in Africa: Will Kenya Be the Latest to Pass Anti-Gay Law?" [Accessed 2026-06-19]

British Broadcasting Corporation (BBC). 2022-04-22. "#JusticeForSheila: Kenyan Anger After Lesbian's Murder." [Accessed 2026-08-21]

Cable News Network (CNN). 2026-03-25. "As Equals: Frequently Asked Questions." [Accessed 2026-08-06]

Cable News Network (CNN). 2024-04-04. Jackson Okata. "Forced to Pay Bribes at Every Step: How Trans and Intersex People Say They Survive in Kenya." As Equals. [Accessed 2026-08-18]

The Canadian Press. 2025-04-14. Dylan Robertson. "Kenya LGBTQ+ Activists Try Switching Role of Religion from Oppression to Empowerment." [Accessed 2026-08-04]

Centre for Minority Rights and Strategic Litigation (CMRSL). N.d. "About Us." [Accessed 2026-08-13]

Citizen Digital. 2026-05-20. Dzuya Walter. "Win for Transgenders in Kenya as Court Allows Gender Marker Changes on Official Documents." [Accessed 2026-08-04]

Daily Nation. 2026-02-23. Brian Ocharo. "Why Court Dismissed Bid in Gay Rights Case Against MP Mohamed Ali." (Factiva) [Accessed 2026-08-04]

Daily Nation. 2022-05-05. Gerald Bwisa. "50-Year-Old Intersex Woman Raped and Killed in Trans Nzoia." [Accessed 2026-08-04]

Deutsche Welle (DW). 2026-06-10. Andrew Wasike. "Kenya: LGBTQ+ Community Still Here, Still Queer Despite Cuts." [Accessed 2026-07-14]

Divon, Shai André, Ann W. Vestlie & Reidar S. Jessen. 2025. "Strategic Adjustments: Daily Experiences of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons in Nairobi." Sexualities. Vol. 28, No. 3. [Accessed 2026-06-18]

Erasing 76 Crimes. 2025-07-14. Joto La Jiwe. "Kenya No Longer Safe for Ugandan LGBTQI+ Refugees." [Accessed 2026-06-30]

Erasing 76 Crimes. 2023-12-23. "Killer of Kenyan Lesbian Sentenced to 30 Years." [Accessed 2026-07-21]

Erasing 76 Crimes. N.d. "About." [Accessed 2026-07-10]

Freedom House. 2025-02-26. "Kenya." Freedom in the World 2025. [Accessed 2026-07-10]

Gay and Lesbian Coalition of Kenya (Galck+). 2022. Shame Is Not a Cure: So-Called Conversion "Therapy" Practices in Kenya. [Accessed 2026-08-12]

Gay and Lesbian Coalition of Kenya (Galck+). N.d.a. Homepage. [Accessed 2026-08-20]

Gay and Lesbian Coalition of Kenya (Galck+). N.d.b. "Know Your Rights." [Accessed 2026-06-30]

Gay and Lesbian Coalition of Kenya (Galck+). N.d.c. "The Mental Health Initiative – Galck+." [Accessed 2026-06-18]

Gay and Lesbian Coalition of Kenya (Galck+). N.d.d. "Emergency Security Response." [Accessed 2026-08-05]

The Guardian. 2026-03-11. Sarah Johnson. "Prison Sentences for Pair Who Attacked Gay Men Hailed as Sign of Hope for Kenya's LGBTQ+ Community." [Accessed 2026-06-18]

The Guardian. 2022-01-04. Sarah Johnson. "'I'd Been Set Up': The LGBTQ Kenyans 'Catfished' for Money via Dating Apps." [Accessed 2026-07-22]

Hivi Leo. [2026-05]. Juma Nasimiyu Centrine. "Big Win for Transgender Kenyans as Court Allows Changes to Identity Documents." [Accessed 2026-08-04]

Human Dignity Trust. 2026-02-11. "Kenya." [Accessed 2026-06-29]

Human Rights Watch. 2022-04-29. Erin Kilbride. "Inadequate Kenyan Police Response to Brutal Killing of Non-Binary Lesbian." [Accessed 2026-07-16]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) World. 2024-05-30. Lucas Ramon Mendos & Dhia Rezki Rohaizad. Laws on Us: A Global Overview of Legal Progress and Backtracking on Sexual Orientation, Gender Identity, Gender Expression, and Sex Characteristics. [Accessed 2026-06-30]

Ishtar MSM. N.d. Homepage. [Accessed 2026-06-30]

Jinsiangu. N.d. Homepage. [Accessed 2026-06-19]

Kenya. 2022. The Children Act. [Accessed 2026-06-11]

Kenya. 2018. Kenya National Commission on Human Rights (KNCHR). Equal in Dignity and in Rights: Promoting the Rights of Intersex Persons in Kenya. [Accessed 2026-08-04]

Kenya. 1930 (amended 2023). Penal Code. [Accessed 2026-06-12]

Kenya. N.d. Kenya National Commission on Human Rights (KNCHR). "Establishment." [Accessed 2026-08-17]

The Kenya Times. 2025-02-11. Peter Ongera. "Kenya Has Officially Recognized Intersex as a Third Gender – What This Means." [Accessed 2026-07-10]

Lewis, Katherine A., et al. 2023-02-05. "'You'll Be Chased Away': Sources, Experiences, and Effects of Violence and Stigma Among Gay and Bisexual Men in Kenya." International Journal of Environmental Research and Public Health. Vol. 20, No. 4. [Accessed 2026-06-30]

LGBTQ Nation. 2026-05-26. Greg Owen. "Trans Rights Advocates Win a Major Court Victory in Kenya." [Accessed 2026-08-04]

LGBTQ Nation. 2023-06-07. Greg Owen. "LGBTQ+ Refugees Fleeing Persecution Beaten, Raped & Killed at Notorious Kakuma Camp." [Accessed 2026-07-16]

National Gay and Lesbian Human Rights Commission (NGLHRC). [2024]. Submission Before the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions on Unlawful Killing of LGBTIQ+ Persons in Kenya. [Accessed 2026-07-22]

National Gay and Lesbian Human Rights Commission (NGLHRC). N.d.a. "History of NGLHRC". [Accessed 2026-08-06]

National Gay and Lesbian Human Rights Commission (NGLHRC). N.d.b. "Our Programs" [Accessed 2026-08-06]

The New York Times. 2025-01-02. Sarah Hurtes. "Despite Attacks, an Underground Church for LGBTQ+ Africans Thrives." [Accessed 2026-06-17]

ODI Global. N.d. "A Leading Global Affairs Think Tank." [Accessed 2026-08-21]

Outright International (Outright). 2026-03-12. Country Overview: Kenya. [Accessed 2026-06-22]

Outright International (Outright). N.d. "About Us." [Accessed 2026-07-10]

Persons Marginalized and Aggrieved (Pema) Kenya. 2026-07-24. Correspondence from a policy and advocacy program officer to the Research Directorate.

Persons Marginalized and Aggrieved (Pema) Kenya. [2025]. 2024 Annual Newsletter. [Accessed 2026-06-30]

Pew Research Center. 2025-08-20. Jordan Lippert & Maria Smerkovich. "Many in Middle-Income Countries Are Uncomfortable with Hypothetically Having a Child Who Comes Out as Gay." [Accessed 2026-06-30]

Pew Research Center. 2023-11-27. Sneha Gubbala, Jacob Poushter & Christine Huang. "How People Around the World View Same-Sex Marriage." [Accessed 2026-06-11]

Programmes Manager, Jinsiangu. 2026-08-03. Correspondence with the Research Directorate.

Sage Journals. N.d. "Sexualities." [Accessed 2026-08-18]

The Star. 2023-10-09. "Senate Probes Claims of Entities Promoting Gayism in Kakuma Camp." [Accessed 2026-08-06]

The Eagles for Life Kenya (TEFL-K). N.d. "Programs and Services Offered." [Accessed 2026-08-21]

United States (US). 2024-04-22. Department of State. "Kenya." Country Reports on Human Rights Practices for 2023. [Accessed 2026-06-23]

Washington Blade. 2026-05-26. Michael K. Lavers. "Keyan High Court Issues Landmark Transgender Rights Ruling." [Accessed 2026-06-16]

Additional Sources Consulted

Oral sources: Kenya Youth Development Education Support Association; National Gay and Lesbian Human Rights Commission.

Internet sites, including: Afrobarometer; Amkeni Malindi; Associated Press; Australia – Department of Foreign Affairs and Trade; Austrian Red Cross – ecoi.net; The EastAfrican; Equaldex; Gay Kenya Trust; Georgetown Journal of International Affairs; Kenya Broadcasting Corporation; Kenya Legal and Ethical Issues Network on HIV and AIDS; Kenya News Agency; Mamboleo Peer Empowerment Group; Reuters; The Standard; Stonewall; UN – Refworld; US – Library of Congress; Voice of America; The Washington Post.