Guidance for LGBTQIA+ Visitors

In Kenya, same- sex sexual activity between men is illegal and attracts a fine or jail term of 5–14 years for those convicted of practicing it. The Kenyan law, sections 162–165 of the Penal Code, criminalizes both actual and attempted same-sex behavior between men. Section 165 of the Kenyan Penal Code states that men who commit acts of “gross indecency,” which involves kissing, hugging, holding hands, cuddling, sleeping on the same bed, or touching any body part as a way of achieving sexual pleasure, can be sentenced to 5 years in prison.2  In May 2019, judges of the High Court of Kenya unanimously declined to repeal Sections 162 and 165 of the Kenyan Penal Code.

There have been instances of transgender women being identified as men and arrested for same-sex sexual activity between men4. Female same-sex sexual activity is not explicitly prohibited by law, but LBQ women are not recognized. Openly identifying as lesbian, gay, bisexual, transgender, or queer in Kenya is not illegal; Kenya’s laws criminalize sexual acts, not identities.  There have, however, been instances of of trans and gender non-conforming individuals being charged with impersonation and fraud under section 382 of the Kenya penal code. Currently, there are no laws restricting the discussion or promotion of LGBTQIA+ topics. Given the existence of these laws that criminalize same sex sexual activity, it is important to exercise caution and discretion during your stay. Kenyan culture is rich in diversity and while attitudes toward LGBTQIA+ individuals vary, it is important to acknowledge that conservative views are prevalent.  Kenyans who identify as LGBTQIA+ are not infrequently disowned by their family members, evicted by their landlords, and terminated by their employers.  Despite the existence of some legal protections against discrimination, these protections are often not enforced.

Public support for LGBTQIA+ rights in Kenya has been gradually changing. The Gay and Lesbian Coalition of Kenya (GALCK: https://www.galck.org) is a national organization that specifically advocates for LGBTQI rights and has a local chapter in Eldoret. Other organizations in Kenya advocate for human rights, including LGBTQIA+ rights, more broadly.

Open discussions about LGBTQIA+ issues in Kenya may be met with discomfort or resistance. Maintain a respectful approach when interacting with Kenyan colleagues and patients. Cultural sensitivity and a willingness to understand others’ perspectives can foster positive relationships.

Safety and Privacy in Kenya 

• Consider your personal safety before disclosing your sexual orientation or gender identity, if different from your perceived gender presentation. While being true to yourself is important, understand that cultural norms and attitudes may not align with your own. Evaluate the potential risks and make decisions that prioritize your safety and comfort. It is generally advisable to maintain discretion regarding your sexual orientation.
• Trans- and gender-nonconforming individuals may be assumed to be gay or lesbian, as sexual orientation and gender identity are not commonly recognized as separate concepts in Kenya. Additionally, the use of pronouns that do not match an individual’s perceived gender presentation may not be understood or accepted.
• Public displays of affection (for both same sex and opposite sex relationships) or discussions about LGBTQIA+ issues may attract unwarranted attention or discomfort. Being mindful of the social context will help you have a more positive experience.
• Exercise caution when using social media and other online platforms, as your activity may be subject to scrutiny by a public audience. Be mindful of sharing personal information or photos that could compromise your or someone else’s safety or privacy.
• Use of dating apps (Tinder, Grindr, Scruff, and Jacked -for same-sex or opposite-sex relationships) is highly discouraged for safety reasons.  Within Kenya these apps have been used to extort, blackmail, drug, rob, and sexually assault users.  This includes women targeting men.
• Taxi drivers and taxis at night can create vulnerability.  Only travel with IU House approved taxi drivers (Taxi Max, Chacha, Francis, Dennis – contacts provided in orientation materials) and always avoid riding in a taxi alone at night.   Trust your instincts and prioritize your safety. If you feel uncomfortable or unsafe in any situation, remove yourself from it and seek assistance.
• Stay updated on current events, especially those related to LGBTQ rights and safety in Kenya and the Eldoret area. All AMPATH Kenya visitors are added to an Emergency WhatsApp group maintained by IU House. Before you travel, register for STEP (Smart Traveler Enrollment Program) through the U.S. State Department. A good source of local news include the Daily Nation newspaper which is available online at  https://nation.africa/kenya

Mental Health Support 

It is essential to prioritize your own mental health and well-being throughout your rotation. Before you leave home, consider seeking support from local mental health professionals or online LGBTQIA+ support groups to support you through any challenges you may encounter.  Identify supportive colleagues, both within and outside of the LGBTQIA+ community, who can provide a network of allies during your rotation. Establishing these connections will create a sense of belonging and understanding. The faculty at Indiana University House are available to discuss any concerns or questions you have about navigating local dynamics regarding any aspects of your LGBTQIA+ identity.

IU House  

Creating a safe environment is of utmost importance to AMPATH. Same-sex couples can request a shared room on the AMPATH Visitor Information Form. If you identify as LGBTQIA+ and would like additional information or advice before traveling to Kenya, please reach out to Victoria Eder (vneder@iu.edu), who can connect you with a Team Leader in Eldoret.

For general LGBTQIA+-related resources on traveling abroad, see the IUPUI Study Abroad website.  The GALCK: https://www.galck.org) also has a FAQ section that may be useful to read.

References:

1 “Know Your Rights.” Gay and Lesbian Coalition of Kenya, 8 May 2022.