Kenya is currently contemplating the Family Protection Bill of 2023, which has sparked controversy due to its potential consequences, including severe penalties for non-consensual same-sex acts.
The bill, spearheaded by Peter Kaluma, a legislator representing Homa Bay Town, seeks to criminalize homosexuality, same-sex unions, and LGBTQ-related activities and advocacy. It also seeks to ban gay parades, gatherings, demonstrations, and public cross-dressing.
As per the proposed legislation, individuals involved in non-consensual same-sex acts may face imprisonment, with sentences ranging from a minimum of 10 years to a maximum of 50 years. Additionally, those who own properties used for same-sex relations could face fines of up to $14,000 (£11,000) or serve a seven-year prison sentence if the bill becomes law.
These developments follow recent protests in Mombasa by religious leaders and civil society organizations against LGBTQ rights. The bill’s introduction also comes in the wake of Kenya’s Supreme Court decision to uphold the registration of LGBTQ non-governmental organizations in mid-September. This ruling marked a significant turning point for LGBTQ organizations in Kenya, as it declared discrimination of this kind unconstitutional after a decade-long dispute with the National Gay and Lesbian Rights Commission, which had been denied registration by Kenya’s NGO Coordinating Board.
