Anti-LGBTQ+ Kenyans can no longer encourage others to kill queer people

Kenyan anti-LGBTQ activists are now prohibited from calling for the murder of the country’s LGBTQ+ community, the country’s High Court said in an order. The order is temporary while the court hears a case on whether city legal officials can allow anti-LGBTQ+ protests that encourage violence against queer Kenyans.

The interim conservatory order was placed following accusations that members of an organization, dubbed the “Anti-LGBTQ Movement,” as well as Parliament member Mohamed Ali, have called for the murder of LGBTQ+ individuals and their expulsion from Kenya. 

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Kenya rights org sues over anti-LGBTQ+ protests

Two decisions by the country’s Supreme Court sparked violent protests led by clerics and homophobic politicians.

Mamba Online reported that, in a demonstration last year, Ali cited the Bible and Quran to justify killings, while calling for the American government to take in LGBTQ+ Kenyans.

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“We do also call upon the head of state, his Excellency President William Ruto, to come out strongly against LGBTQ machination,” Ali said to DW.com.

Kenya currently outlaws consensual same-sex relationships, thanks to a colonial-era law. Punishment includes up to 14 years in prison.

The High Court order, implemented by Justice Olga Sewe, bans any calls for violence, conversion, or expulsion of LGBTQ+ individuals, with specific individuals — such as Ali and activists like Salim Said and Athman Ahmed — being restricted from this type of hateful rhetoric.

“This is a major win for safety and equality in Kenya, allowing LGBTQ+ people to live with greater peace of mind,” said the Kenyan Centre For Minority Rights & Strategic Litigation (CMRSL) on Twitter.

This order is temporary, with permanent decisions awaiting the results of the lawsuit. The lawsuit was filed against Mombasa Police Inspector General Japhet Koome for allowing anti-LGBTQ+ protests in his city. The lawsuit was filed alongside another suit against Said, Ali, Ahmed, and the Anti-LGBTQ Movement for their role in instigating violence.

Interested parties in the lawsuits include the National Commission on Human Rights, Amnesty International-Kenya, Kenya Human Rights Commission, and the National Cohesion and Integration Commission.

The initial lawsuit said that there have been “more than 100 cases of violence, forced evictions, and denial of services” across the country as a result of anti-LGBTQ+ protests. It is also alleged that these protests led to over 20 medical facilities closing down, including those that focus primarily on HIV and sexually transmitted infections.

LGBTQ+ Kenyans face a hostile climate, as only 9% of Kenyans support gay marriage, according to Pew Research. The Kenyan government is working to ban LGBTQ+ content on social media, LGBTQ+ refugees from other African nations face intense violence, and a proposed bill in the country aimed to give LGBTQ+ individuals the death penalty.

However, LGBTQ+ Kenyans are still holding onto hope. Major cities have thriving LGBTQ+ communities, especially in the country’s capital city of Nairobi. There are strong advocacy organizations such as GALCK+, and the Kenyan Supreme Court has even made decisions backing the community, including supporting LGBTQ+ Kenyans’ rights to assembly and allowing advocacy organizations to register as a nonprofit.

CMRSL said in a statement about the recent High Court decision, “We extend this reminder once again that the culture of hate has divided nations and left gaping wounds, while countries that have learnt to embrace their diversity thrive in every facet.”

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