Kenya seeking to pass anti-gay law to ‘kick LGBT people out of the country’

Kenya is among a number of African states reportedly looking to introduce sweeping anti-homosexuality laws, with politician Mohamed Ali saying he wanted to “kick LGBT people out of Kenya completely”. 

The draft law, which would punish gay sex with prison or even, in some cases, death, comes just weeks after Uganda passed one of the strictest anti-LGBTQ+ laws in the world, which has been described by activists as “vile” and “deadly”. 

According to a draft of the Kenyan “family protection bill”, which two lawmakers have backed in parliament, gay sex could be punished by at least 10 years in jail, while “aggravated homosexuality” – which includes gay sex with a minor or disabled person, or when a terminal diseased is passed on sexually – would bring the death penalty, Reuters reported.

New crimes also appear in Kenya’s proposed law, including “promoting” homosexuality, and allowing gay sex on your property, which carries a prison term of at least five years.

The bill is currently being vetted by a parliamentary committee, who may then refer it to the full chamber for a vote. 

The draft law would strengthen colonial-era anti-gay laws in Kenya, under which gay sex is already illegal, with those convicted facing between five and 14 years in prison. 

While sex between women is not explicitly criminalised, Kenya does not recognise any kind of same-sex relationships, and there are no protections for LGBTQ+ people on the basis of sexual orientation or gender identity. 

Annette Atieno of the National Gay and Lesbian Human Rights Commission told Reuters: “It is a hateful piece of legislation that will truly make the lives of queer Kenyans unbearable if passed”. 

Similar laws are reportedly also being introduced in Tanzania and South Sudan to crack down on LGBTQ+ rights, with gay sex already illegal in both countries.

Tanzanian lawmaker Jacqueline Ngonyani said anti-LGBTQ+ legislation would be introduced into parliament later this year in order to “control the ongoing moral decay”.

“If these [gay] people increase, this will be the end of generation … This is the same as drugs do to our youth,” she added.

After Uganda passed its strict anti-LGBTQ+ law in May, the US officially warned the queer community not to travel to the East African country, urging all Americans to “reconsider travel” due to “crime, terrorism, and anti-LGBTQI+ legislation”.

The US State Department’s warning specifically notes that LGBTQ+ people should cease travel to Uganda altogether.

“Those perceived to be LGBTQI+ could be prosecuted and subjected to life imprisonment or death, based on provisions in the law,” the advisory explained.