The decision of Kenya’s Supreme Court to allow a rights group representing lesbian, gay, bisexual, and transgender interests to register as a non-governmental organization has received a mixed reaction from the community.
The NGLHRC welcomed a February ruling in their favor that reversed a restriction imposed by the national board that governs NGOs as a little win for the equality of Kenya’s LGBTQ population.
In a country where same-sex intercourse is still punishable by up to 14 years in prison, the ruling has provoked a frightening reaction.
When questioned about the Supreme Court’s decision, President William Ruto adopted a more neutral tone than many other famous politicians, noting, “It doesn’t mean we have to agree with it.”
Meanwhile, NGLHRC activists have reported a rise in threats against the community. The commission received 78 allegations of violence, threats, and discrimination in January, 117 in February, and 367 in March, up from 78 in January.
A 31-year-old lesbian lady was among those slain last week when 10 motorcyclists stopped the motorbike taxi she was traveling in on Nairobi’s outskirts.
According to the woman, the gang approached her, attacked her, and told her she was “one of them” (meaning gay) until a passing couple intervened.
“Things have gotten worse after the ruling and the recent introduction of the Anti-Homosexuality Bill,” she continued, referring to a draft measure adopted by Uganda’s parliament last month that would criminalize LGBTQ people identifying as such and impose the death sentence for particular same-sex behaviors.
In an otherwise deadly climate, Kenya is nevertheless viewed as a safe haven for LGBTQ people. Its colonial-era anti-gay legislation is seldom enforced, in contrast to many of the more than 30 other African countries where same-sex meetings are illegal.
The court concluded that the NGO board’s decision to remove NGLHRC violated the organization’s free expression and non-discrimination rights.
However, according to NGLHRC statistics, LGBT discrimination is on the rise, especially from employers, landlords, and healthcare providers. Meanwhile, one member has pledged to create legislation making homosexual activity a criminal.
Kevin Mwachiro, a 15-year LGBTQ activist in Kenya, claims that this is the most challenging time for the community.
“The vast majority of individuals feel it is their right to physically injure you. And what has been said in the press and by the government has persuaded them that they have that right,” he said.
