Kenyan Parliament Committee Recommends Crackdown on LGBTQ+ Community

Kenya's Parliamentary Public Complaints Committee has recommended that the government launch a crackdown on LGBTQ+ individuals across the country. The committee, led by Runyenjes MP Muchangi Karemba, proposed that the Ministry of Interior and National Administration enforce laws that criminalize same-sex relationships. This move is likely to spark controversy between the government and human rights activists. The committee's report was submitted to parliament on November 10, 2026.

The committee's recommendation is based on a petition filed by Nyali MP Mohamed Ali in February 2024, representing Christian and Islamic leaders, non-governmental organizations, and individuals. The petition called for the implementation of sections 162, 163, and 165 of the Penal Code, which criminalize same-sex relationships. Section 162 imposes a maximum sentence of 14 years in prison, while section 163 prescribes a sentence of up to seven years for attempting to commit the offense.

However, the Ministry of Interior and National Administration has opposed the committee's recommendation, citing a February 2023 High Court ruling that declared the laws criminalizing same-sex relationships unconstitutional. The ministry argued that the ruling, which has not been overturned or repealed, is binding on the government. The committee, however, interpreted the ruling differently, stating that it did not nullify the laws but only blocked their use to restrict freedom of association.

The committee also recommended that the Ministry of Education ensure that school curricula align with Article 45(2) of the Constitution, which recognizes the right of adults to marry a person of the opposite sex. The committee claimed that it did not find evidence of an approved curriculum that teaches LGBTQ+ issues. This move is likely to spark debate about the government's stance on LGBTQ+ rights.

The Public Complaints Committee's report has sparked concerns about the potential for increased persecution of LGBTQ+ individuals in Kenya. Human rights activists have expressed fears that the implementation of the committee's recommendations could lead to a surge in hate crimes and discrimination against LGBTQ+ individuals. The report is awaiting discussion and approval by parliament.

In 2023, the High Court granted the National Gay and Lesbian Human Rights Commission (NGLHRC) permission to register as an organization, stating that denying registration based on sexual orientation is discriminatory. The committee's recommendation has raised questions about the government's commitment to upholding the rights of all citizens, including those in the LGBTQ+ community.

The Kenyan government faces pressure to balance its stance on LGBTQ+ rights with the demands of conservative groups. The country's laws and policies have long been criticized for being discriminatory towards LGBTQ+ individuals. The implementation of the Public Complaints Committee's recommendations could exacerbate tensions between the government and human rights activists.

Key points

• The Kenyan Parliament's Public Complaints Committee has recommended a crackdown on LGBTQ+ individuals.
• The committee's proposal is based on laws that criminalize same-sex relationships.
• The Ministry of Interior has opposed the recommendation, citing a High Court ruling that declared the laws unconstitutional.