17 May 2022

The Defenders Coalition joins individuals across the globe to commemorate the International Day Against Homophobia, Transphobia and Biphobia (IDAHOBIT) 2022. We join hands to call to action and emphasise our affirmation that all people have an equal right to live a life of dignity, free from violence, persecution, discrimination and stigma.

Today, Defenders Coalition celebrates the courageous advocacy efforts carried out by human rights defenders, activists, journalists, media workers and civil society organisations to raise awareness about the issues affecting SOGIE persons and human rights violations they may face.
While acknowleding increasing efforts in many countries to protect the rights of members of Sexual, Orientation, Gender, Identity and Expression (SOGIE), we remain seriously concerned with the widespread violation of the human rights of community members in Kenya in recent years, from elements including close family, community and members of the public.

Defenders Coalition is concerned that the limiting and discriminatory legal framework on the rights of sexual minorities in Kenya is acquiescely increasing the vulnerability of SOGIE persons to bias and social stigma, discrimination, economic impact, the risk of violence and domestic parental violence, and continues to contribute to the lack of access to gender-affirming health services. We are also concerned with the lack of a dedicated state agency to work on issues related to their safety and security.

We are concerned that within the past one year, Defenders Coalition has documented 23 cases of either/or violent murder, assault, forceful eviction of LGBTQ+ individuals across Kenya with little to no action by the relevant duty bearers in promoting the safety and security of sexual minority individuals as well as seeking justice for the victims. Among the documented cases, we noted that the victims of murder were brutally stabbed to death or sexually abused through corrective gang rape or strangled and/or violently assaulted before being killed.

In consideration of these grave concerns, pursuant to the rights and freedoms provided for in the Constitution of Kenya 2010, Defenders Coalition calls on all Kenyans to commit towards the promotion and protection of the rights of LGBTQ+ persons in Kenya. We call on Kenyans to strive to realise dignity, respect, and the rights of all citizens.

Article 27[2] of the Kenyan Constitution provides for protection from discrimination by the state through taking legislative and other measures, including affirmative action programmes and by designing policies to redress any disadvantages suffered by individuals or groups because of past discrimination. We call on duty bearers to commit towards achieving this by encouraging reviewing of legal frameworks including Section 162 (a) and 165 (b) of the Penal Code to realize enjoyment of inherent dignity.

We invite you to support our goals of realising safety, security and wellbeing of human rights defenders. We condemn these acts of violence and inaction by the state actors to hold perpetrators to account.

Annex: LGBTQ+ individuals killed in Kenya between January 2021 – May 2022

See details of the known victims and cases documented by various human rights institutions whose quest and wheels of justice have stalled or not commenced at all.

1. Sheila Lumumba was discovered dead on 22 April 2022 at their home in Karatina Town. Post-moterm reports indicated that they were hit by a blunt object on the head, raped and stabbed to death.

2. A 50 year old intersex was found murderd on 4 May 2022 by the roiadsie in Cherang’any constituency, Trans Nzoia County. Reports indicate that the victim was raped.

3. Joash Mosoti was found murdered by strangulation in his house in Bamburi, Mombasa County on 11 May 2021.

4. Erica Chandra was found dead in westlands Nairobi on 29 August 2021.

DEFENDERS COALITION