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Kenyan MPs to consider anti-LGBTQ measures when Parliament reconvenes

Lawmakers urged to crackdown on homosexuality in the country

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Kenya Parliament (Photo by Sopotniccy/Bigstock)

Kenyan MPs are set to consider several anti-homosexuality proposals when Parliament reconvenes on Tuesday after a two-month break.

A group of more than 70 Kenyans from anti-LGBTQ lobby groups and religious organizations under the Kenya Christians Professional Forum and the Muslim Council of Imams and Preachers of Kenya petitioned Parliament on Feb. 1 to probe what they describe as the proliferation of homosexuality in the country.

The groups in their petition claim there have been “persistent, well-choreographed and well-funded” attempts by LGBTQ rights activists over the last decade to have anti-homosexuality laws declared unconstitutional. 

“They have filed numerous court cases and petitions in our courts,” reads the petition submitted to the National Assembly that Speaker Moses Wetang’ula heads. “This has not only been witnessed in Kenya but also many African countries including Uganda, Botswana, Zimbabwe, Namibia and many others.” 

The petitioners consider discrimination based on “sexual orientation and gender identity” used to push for the rights and freedoms of the LGBTQ community globally as “alien” terminologies not just to Africans but to “anyone with a moral fiber in their being.” 

They accuse the National Council on Administration of Justice, a judicial body of state and non-state members, of plotting to “revise our moral code” through amendments to the Penal Code that criminalize consensual same-sex relations. 

The petitioners also raise a concern over last year’s controversial Supreme Court ruling that allowed the National Gay and Lesbian Human Rights Commission to register as a non-governmental organization, which they warn will have a serious impact on the family in Kenya if left unchallenged because it allows the legalization of LGBTQ people.

“There have been concerted efforts from foreign non-state actors through financial lobbying to effect changes to our penal law to decriminalize such acts long criminalized such as homosexuality,” reads the petition. “This is the beginning of a slippery slope from which the country may not recover if left unattended.”  

The petitioners further allege the infiltration of LGBTQ-specific content in children’s school books and want Parliament to urgently investigate unsanctioned publishers and book distributors and hold responsible individuals accountable. 

MPs are expected to approve a presidential education reform working group report presented to President William Ruto last August. Its recommendations include hiring pastors and imams in public elementary and high schools to fight homosexuality and other so-called immoral practices. 

The petitioners want MPs to also inquire into what they describe as public recruitment of students into the LGBTQ community in universities and colleges through meetings on sexual freedoms and minority rights. 

“These are inoculation and breeding grounds for the LGBTQ agenda,” reads the petition. “Unless Parliament intervenes and has these activities nipped in the bud, the moral decay we have seen over the last couple of years will continue to dizzying levels.”

Government officials the petitioners want to grill over LGBTQ activities and foreign funding of them in the country include Education Minister Ezekiel Machogu, Health Minister Susan Nakhumicha, Foreign Affairs Minister Musalia Mudavadi, Labor and Social Protection Minister Florence Bore and Police Inspector General Japhet Koome.    

Another proposed anti-homosexuality law expected to be introduced in the National Assembly during the session is the long-awaited Family Protection Bill, sponsored by opposition MP Peter Kaluma, which contains punitive provisions that include a 50-year prison sentence for gays and lesbians convicted of non-consensual sex. 

Kaluma’s bill, which the petitioners on the proliferation of LGBTQ practices in the country want its legislation fast-tracked, also proposes a ban on gay Pride parades, assemblies, street marchers, cross-dressing in public and all LGBTQ-related activities. The bill has been pending before Parliament’s Social Protection Committee since last June.

Kaluma complained about the committee’s delay to Wentang’ula in August. 

MPs are also expected to consider a proposed law on surrogacy, the Assisted Reproductive Technology Bill 2022, which seeks to help individuals with infertility problems to use surrogate mothers and in vitro fertilization to have children. 

The bill, which is sponsored by another opposition MP, Millie Odhiambo, however, would prohibit gays and lesbians from having children via surrogate. 

The National Assembly first approved it in November 2021, but its finalization stalled in the Senate when the 12th Parliament’s term ended in August 2022 before the general election.  This delay rendered the bill “dead” under National Assembly rules because it can only proceed after its reintroduction in the current Parliament.

Odhiambo, who retained her parliamentary seat, reintroduced the bill in the National Assembly last May. The Health Committee will also accept additional proposals. 

The committee who Dr. Robert Pukose chairs last September tabled the report with numerous amendments to the bill for adoption. Some of the proposed amendments included the deletion of the term “couple or parties to a marriage” defined as a man and a woman who are in an association that may be recognized as a marriage under any law in Kenya and replaced with the term “intending parents” for individuals seeking to have children using surrogacy and IVF.

The committee argues the term “couple or parties to a marriage” is discriminatory and that marriage should not be a requirement for individuals to access assisted reproductive technology services, although same-sex marriages are outlawed in Kenya.         

“The bill aids couples or individuals with challenges of conceiving naturally and in this way, it addresses the reproductive health needs of Kenyans,” the committee’s report reads, a position which locks out gays and lesbians from parenting through surrogacy.

The bill would also criminalize the commercialization of surrogacy or related activities, such as procuring a surrogate mother by any person, an organization and any medical facility with hefty fines and jail terms.  

During the session, MPs are also expected to approve Kenya’s revised National Policy and Action Plan on Human Rights that Attorney General Justin Muturi’s office is drafting to replace the 2014 one whose 5-year implementation period has lapsed. 

The new policy, which should be in place by this year, according to the Kenya National Commission on Human Rights, involved gathering views on human rights from the public, state and non-state actors including LGBTQ lobby groups in nationwide dialogues between August and October last year.   

The regional dialogues culminated in a national conference in Nairobi late last year on developing the policy.

Li Fung, senior human rights advisor to the U.N. Resident Coordinator in Kenya, attended the gathering during which Kaluma, while representing Wetang’ula, expressed Parliament’s concerns over “constant erosion of hard-fought rights” in the country and Africa with LGBTQ rights.  

“Until LGBTQ rights are universally agreed to by the U.N. General Assembly, as long as we (MPs) sit in the Parliament, we will not accept them as human rights in Kenya and they will not find space in our body of laws,” Kaluma stated.  

The lawmaker’s warning followed criticism of his anti-homosexuality bill by Irungu Houghton, executive director of Amnesty International Kenya and chair of non-state actors on National Human Rights Dialogues, who said it promotes hate against LGBTQ refugees and the queer community at large. 

“We do not need any form of identity-based discrimination and more hatred in this republic,” Houghton said. He reiterated the “greatest threat” to Kenya and the constitution is the belief that “some human beings” do not deserve equality, dignity and protection under the law. 

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Kenya

Kenyan advocacy groups launch LGBTQ voter mobilization campaign

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Kenyan flag (Photo by rarrarorro/Bigstock)

As Kenya prepares for next year’s August general election, local queer rights groups have joined Gen Zers in also mobilizing their members to register as voters. 

The groups’ drive began ahead of the electoral commission’s official launch of a one-month nationwide mass voter registration on March 30, targeting 6.5 million new voters to bring the total to more than 28 million. 

The groups — led by the Initiative for Equality and Non-Discrimination (INEND) and Galck+ — note that politics is not optional, but rather it is “our responsibility” to use the ballot to put an end to bad leadership and discriminatory laws against them. 

“Voting is one of the most powerful ways we exercise our autonomy and remind the State that our human rights are not ‘Western imports’; our struggles for housing, employment, safety, and dignity are fundamentally Kenyan issues,” INEND states. 

It reminds queer individuals that the nation entrusts them with an identity card at age 18 as a recognition of their ability to make decisions, follow laws, and take responsibility for the country’s future. 

INEND also notes that despite this honor, LGBTQ people get kicked out of their homes due to homophobia, are discriminated against at work, and face violence in public places due to the punitive laws that the same State legislates. 

“As queer Kenyans, our vote matters,” INEND states. “Our voice belongs in the democratic and governance conversations, and true democracy includes everyone.”

Some voter mobilization initiatives the queer lobby groups have been using include ‘Queering the Ballot’ Podcasts on civic participation, dubbed ‘Your Vote is Your Future’. The topics explored include how laws shape their lives, the relationship between lived experiences of common citizens, discrimination fatigue, distrust in government systems, and voter apathy. 

The groups through the mobilization drive hope to create a queer voting bloc to actively participate in restructuring and reconstructing the existing governance system they argue has been a problem for them. They maintain the queer community navigates a system that was not built for them from its questioning of their right to exist, yet the Kenyan Constitution clearly states that no citizen should be discriminated against based on sexual orientation or gender identity.   

The Court of Appeal next month will hear a case challenging the constitutionality of provisions in Kenya’s Penal Code that criminalize consensual same-sex relationships among adults. The appeals court postponed the case after adjourning on Feb. 4, its first substantive hearing since the High Court judgement in 2019. 

“Change requires more than pointing fingers. It requires reflection, action, and showing up, especially at the ballot box as LGBTQ Kenyan citizens and declaring that this is our country, our business, and we can no longer watch from the sidelines,” INEND states. 

The group notes that they want a governance system that embraces queer people as they go about their daily lives without any form of homophobic discrimination, harassment, or arrests. Queer people are therefore urged to pick the right leaders who listen to them in Kenya’s six elective positions, from the president down to the local government representatives, as their decisions while in power affect them. 

“It is very irresponsible for any human being, even around the world, to assume that they don’t have political responsibility. It is easy and sounds fancy to say ‘I don’t like politics,’ but it does not make one good as it makes one abandon their political responsibility as a citizen,” INEND states.

The groups are also concerned with the existing homophobia among Kenyans, especially whenever they join them in street protests against the government’s punitive measures or advocating for change. However, they maintain that the LGBTQ community won’t be left behind despite being marginalized in society, yet they are the most affected group when the government raids people’s pockets for taxes.      

“Now we are moving from the margins to the centre of this political conversation early enough to ensure that our community sees the sense because if we live in a country that doesn’t work, we will be the most affected,” INEND states. 

INEND, with the National Gay and Lesbian Human Rights Commission and Galck+, last November launched the second Queering the Ballot Campaign and the 2024 Situation Report on queer participation in Kenya’s democracy. 

The report surveyed 14 of the country’s 47 local governments, whose key findings affirm that queer Kenyans are not outsiders to democracy but its heartbeat.   

“The title ‘Our Vote, Our Future: LGBTQ+ Inclusion in Democratic and Governance Processes’ in Kenya is an ode to the spirit of the queer movement in Kenya; unshaken in the face of adversity, determined in its pursuit of justice, and unrelenting in demand to be seen, heard and counted in democratic and political processes,” reads the report forwarded by former Chief Justice Willy Mutunga.         

The report calls on Parliament, the Independent Electoral and Boundaries Commission, the County Assemblies, and every Kenyan to make inclusion not symbolic but systemic. 

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Commentary

Is Ghana’s selective justice a human rights contradiction?

Country’s commitment to human rights appears inconsistent

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Ghanaian flag (Public domain photo from Pixabay)

Ghana’s mission to have the United Nations recognize the trafficking of enslaved Africans and racialized chattel enslavement as the gravest crime against humanity is a historic milestone. The resolution adopted on March 25, 2026, with 123 out of about 180 countries in support, marks a major step toward global acknowledgement of the brutality and inhumanity of slavery. A 2022 report by the Equal Justice Initiative, “The Transatlantic Slave Trade,” highlights how during the slave trade, Africans who were enslaved had no rights, freedom, recognition or protection under the law. They had no voice, no bodily autonomy, no respected identity and could be brutally violated with no legal protection. This history represents a grave crime against humanity.

In my opinion, Ghana and the other countries that voted in favor are entirely right to say that such historic events cannot be sanitized or reduced to diplomatic language. Recognition is the first step towards accountability. This matter is important because it is arguably the foundation of the modern-day injustice and inequality people experience, including wealth inequality, racism, sexism, xenophobia, and queerphobia.

The double standard

Yet, despite this important step on the world stage, Ghana’s commitment to human rights appears inconsistent. The same government advocating for justice for enslaved Africans is enacting laws that jeopardies the rights of Africans today. This contradiction between Ghana’s international stance and its domestic policies is at the heart of the discussion.

In February 2026, the Ghanaian parliament formally received the Human Sexual Rights and Family Values Bill. The bill is a grave threat to the rights to nondiscrimination, protection under the law, privacy and freedom of association, assembly, and expression. It expands criminalization of LGBTQ+ people, and anyone associated with them. This Human Sexual Rights and Family Values Bill calls for a three-year imprisonment for anyone who identifies as LGBTQ+, anyone who has gender affirming treatment, anyone who enters into a same-sex marriage or attends a same-sex wedding and anyone who promotes equal rights for LGBTQ+ people. It turns enforcement into a societal obligation rather than just a state function, encouraging people to report anyone who looks suspicious or different. This further legitimizes the brutal attacks on LGBTQ+ people socially, which leaves the people of Ghana with blood on their hands.  

Ghana’s proposed and reintroduced anti-LGBTQ+ legislation is said to be among the most restrictive in the world and will result in the inhumane treatment of LGBTQ+ people. It not only further criminalizes consensual same-sex relations but also targets civil society organizations that are perceived to be supporting equal rights for LGBTQ+ people. So, if this law passes, it will be illegal to support equal rights and challenge the inhuman treatment of queer Ghanaians and allies. Is this not a double standard? Ghana seeks justice for the ill-treatment of Africans during the transatlantic slave trade but is actively in the process of seeking to harm its own people.

This is not theoretical harm; it is practical harm. According to the Human Rights Watch, LGBTQ+ people in Ghana already face systemic stigma, discrimination, harassment and violence, often enabled by both legal frameworks and social stigma, resulting in a hostile climate.

Ghana falls short of upholding human rights at home

On the global stage, Ghana is arguing that the dehumanization of Africans through slavery was so severe that it constitutes the gravest possible violation of human dignity. This argument rests on a core principle that reducing people to less than fully human is unacceptable under any circumstances.

Back at home, the state is endorsing laws that do exactly that to LGBTQ+ people. Criminalizing identity, suppressing expression, clamping down on civic space, monitoring and surveilling citizens and advocating for social exclusion. These are elements of dehumanization signaling that some are less deserving of protection, dignity, respect, and justice. That is the definition of a double standard.

Supporters of these laws often frame homosexuality as un-African, but this claim does not hold up under scrutiny. In his article, “The ‘Deviant’ African Genders That Colonialism Condemned”, Mohammed Elnaiem emphasizes that historical and anthropological evidence shows that diverse sexualities and gender expressions existed across African societies long before colonial rule. Ironically, many of the laws used to criminalize LGBTQ+ people today trace directly back to the colonial-era. This is even supported by the African Court, which, in December 2020, through its Advisory opinion, made it clear that these colonial-era laws are discriminatory and perpetuated marginalization. The African Court also called on African states to take action in this regard.

It is no secret that anti-rights actors are actively operating in Ghana and supporting leaders to advance their anti-rights agenda. They are increasingly organized, visible, well-funded, and influential in shaping state policy. The upcoming 4th African Inter-Parliamentary Conference on Family and Sovereignty, scheduled to take place in Accra from May 27-30, 2026, is a clear example of this coordination. The conference endorses the so-called African Charter on Family Values, a deeply contested initiative that frames LGBTQ+ people as a threat to children and positions queer identities as foreign ideologies. This platform is being used to legitimize and advance anti-LGBTIQ+ legislation, restrict comprehensive sexuality education and roll back sexual and reproductive health rights. In this context, the treatment of LGBTQ+ people in Ghana cannot be viewed as isolated policy choices, but rather as part of a broader coordinated anti-rights agenda that normalizes and legalizes discrimination. It fuels increasingly inhumane conditions for queer communities and civil society. Ghana is simultaneously rejecting colonial injustice in one breath while enforcing colonial-era morality laws in another.

There is also a legal inconsistency worth noting. Ghana’s own Constitution guarantees the right to life, protection from violence, the right to personal liberty, the right to human dignity, equality and freedom from discrimination and the right to a fair trial. Yet, in practice these rights are not equally applied to LGBTQ+ individuals. Depriving equal rights to LGBTQ+ persons is the same as what the slave owners did to slaves.

You cannot build a credible human rights position on selective application

To be clear, recognizing slavery as a crime against humanity is not diminished by pointing out this contradiction. Both truths can coexist: the UN resolution is a victory and Ghana’s domestic policies remain deeply troubling. In fact, holding both realities together is necessary if the language of human rights is to mean anything at all. Ghana has taken a powerful stand on the global stage. The question now is whether it is willing to apply that same moral clarity at home.

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a human rights activist.

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Senegal

Senegalese president signs bill that further criminalizes homosexuality

Measure passed in National Assembly with near unanimous support

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Bassirou Diomaye Faye (Screen capture via Reuters/YouTube)

Senegalese President Bassirou Diomaye Faye on Tuesday signed into law a bill that further criminalizes consensual same-sex sexual relations in the country.

Lawmakers in the African country on March 11 nearly unanimously passed the measure that increases the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The bill that Prime Minister Ousmane Sonko introduced also prohibits the “promotion” or “financing” of homosexuality in Senegal.

Reuters on March 16 reported MassResistance, an anti-LGBTQ group based in the U.S., worked with Senegalese groups that support the bill. Volker Türk, the U.N. high commissioner for human rights, is among those who urged Faye not to sign it.

The Senegalese National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in the country.

Police in February arrested a dozen men and charged them with committing “unnatural acts.”

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