Kenya is currently deliberating on the Family Protection Bill of 2023, which carries the potential for imposing substantial 50-year prison sentences for individuals involved in non-consensual same-sex acts.
This bill, sponsored by Peter Kaluma, a legislator representing Homa Bay Town, seeks to outlaw homosexuality, same-sex unions, LGBTQ-related activities, and advocacy efforts. Furthermore, it intends to prohibit gay parades, gatherings, marches, and public cross-dressing.
According to the bill’s provisions, those found guilty of engaging in non-consensual same-sex acts could face incarceration for a minimum of 10 years and a maximum of 50 years. Additionally, individuals who allow their premises to be used for same-sex relations may be subject to a fine of $14,000 (£11,000) or a seven-year jail term if the bill is enacted into law.
These developments follow recent anti-LGBTQ protests in Mombasa led by clergy and civil society organizations. Additionally, they come after Kenya’s Supreme Court upheld a mid-September decision allowing the registration of LGBTQ non-governmental organizations, effectively ending a decade-long dispute with the National Gay and Lesbian Rights Commission, which had previously been denied registration by Kenya’s NGO Coordinating Board.
The Supreme Court’s ruling earlier this year declared such discrimination unconstitutional, representing a significant milestone for LGBTQ organizations in Kenya.