Even though Kenya adopted a progressive constitution that incorporates the Bill of Rights in 2010, there still exists in statute books, laws and policies that continue to deprive Kenyans of their rights and impose undue restrictions on fundamental freedoms. This project is premised on the adoption of Resolution 275 by the African Commission on Human and Peoples’ Rights (ACHPR) in 2014. The Resolution recalled the notion of equality and non- discrimination as well as raised concerns on the state and acts of violence and discrimination against LGB/TIGNC persons in Africa. The Resolution also called for action by the state on carrying their due diligence in investigating human rights violations from the group.

SOGIE HRDs in Kenya continue to operate in fear, threats, intimidation and stigmatisation. On 24 May 2019, The High Court in Kenya upheld sections 162 and 165 of the penal code which criminalizes same sex relations among consenting adults. This contradicts Article 27(4) of the Kenyan constitution that states ‘’The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language or birth.’’ Despite this ruling, the determination of SOGIE HRDs to advance the rights of the SOGIE community in Kenya continues to be a beacon of hope for the community. However, Defenders Coalition noted increased security concerns after the ruling and also with the outbreak of COVID 19 pandemic.

These include but not limited to forced evictions by landlords, non-inclusion of SOGIE issues by actors in the human rights movement, discrimination in religious and social institutions, attacks by family members and in public transport, online harassment, threats to attack their offices and mental torture. SOGIE HRDs are on the receiving end as the community members accuse them of recruiting their children to homosexuality and more or less, SOGIE community members run to them for help in case of attacks. There is the need to build their skills in an effort to support them respond to threats, risks and attacks in their work. 

SOGIE HRDs have made inroads in creating partners and allies in their line of work. This includes state agencies and non-state actors. This has happened mainly in areas where there are strong SOGIE organizations and coalitions thus making inroads on behalf of the networks. It is on this premise that Defenders Coalition held a strategic meeting between the Social Justice Centers Working Group in Nairobi and SOGIE HRDs:

1. To create a platform for networking amongst SOGIE HRDs and Social Justice Centers HRDs
2. Conducted a scenario developing, mapping of joint security actions and further linkages with regional and county human rights defenders’ networks.
3. Sensitized the HRDs on the work of Defenders Coalition especially on innovations around the work supporting human rights work.