CIVICUS discusses Kenya’s proposed Family Protection Bill with Arsenekah Ezekiel, executive director of World Post Changers Network, a Kenyan civil society organisation (CSO) that advocates for LGBTQI+ rights.

Amid growing conservative backlash, Member of Parliament Peter Kaluma is urging parliament to advance the Family Protection Bill 2023, which has encountered multiple delays. The bill aims to outlaw same-sex relationships, LGBTQI+ activities, public cross-dressing and related advocacy campaigns. Kaluma is also challenging a 2023 Supreme Court ruling that allowed the registration of LGBTQI+ organisations in Kenya. The current debate is part of a global backlash against gender policies, which has further intensified with Donald Trump’s return to the US presidency.

What are the key provisions of the Family Protection Bill?

The bill proposes strict restrictions on same-sex relationships, gender identity expression and LGBTQI+ advocacy. It would criminalise homosexuality, same-sex marriage and what it calls ‘aggravated homosexuality’. It also seeks to restrict property rights by prohibiting landlords renting to organisations supporting LGBTQI+ rights and cutting off funding for activities deemed to breach the law. LGBTQI+ organisations would be barred from registration entirely.

If enacted, the bill would violate Kenyans’ constitutional rights to privacy and freedom of expression, including by preventing discussion of LGBTQI+ issues on platforms such as TikTok, which has become vital for advocacy. Most alarmingly, it would deny emergency medical care to people engaged in prohibited sexual activities, directly contradicting fundamental humanitarian principles.

Despite strong opposition from civil society, Kenya’s parliament continues to push the bill forward.

How has the conversation around LGBTQI+ rights evolved in recent years?

The discourse on LGBTQI+ rights in Kenya has expanded. Global human rights movements and social media have increased visibility, particularly among young urban Kenyans who increasingly embrace diversity.

However, deeply rooted cultural and religious beliefs continue to dominate national debates, with conservative voices strongly resisting change. A clear generational divide has emerged: while younger Kenyans generally side with progress, traditional groups within political and religious institutions typically work to maintain the status quo.

What’s been the impact of the 2023 Supreme Court ruling?

The ruling the Supreme Court issued in February 2023 affirmed LGBTQI+ groups’ right to register legally as organisations, marking a significant victory for activists. The ruling has given LGBTQI+ groups legal recognition, which has improved their access to resources. However, it also triggered considerable backlash, with activists facing evictions, targeted violence and the closure of safe spaces.

Conservative politicians, led by figures such as Kaluma, are campaigning to overturn this ruling, while religious groups continue to oppose it and obstruct its implementation. Nevertheless, the ruling stands, which is a testament to the resilience of Kenya’s legal institutions and the determination of rights activists.

How is civil society responding to the proposed legislation?

Civil society groups across Kenya have united in opposition to the Family Protection Bill, launching awareness campaigns, pursuing legal advocacy and seeking international support to challenge its constitutionality.

Drawing lessons from similar legislation in Ghana and Uganda, where repressive laws have had far-reaching social and economic impacts, activists warn that the bill’s enactment would escalate violence against LGBTQI+ people and create significant barriers to accessing essential services, particularly healthcare. There is widespread concern that it could undermine critical HIV prevention and treatment programmes, threatening years of public health progress. Through coordinated legal action and grassroots mobilisation, they are working to prevent such outcomes.

What international support do LGBTQI+ organisations receive, and what additional help is needed?

International support has been crucial in sustaining LGBTQI+ advocacy in Kenya. Organisations receive financial assistance, legal aid and capacity-strengthening support from global human rights networks. However, significant challenges persist and there’s urgent need for additional support.

With rising hostility and safe spaces under threat, there is a pressing need for stronger protection mechanisms. Diplomatic pressure for Kenya to honour its international human rights commitments is crucial. Global allies must continue holding the government accountable, using the vital opportunities for dialogue provided by processes such as the United Nations Human Rights Council Universal Periodic Review.

Changing public perception is essential. In Kenya, LGBTQI+ rights are often portrayed as separate from broader human rights, reinforcing misunderstanding and stigma. Local and international awareness campaigns can help reshape this narrative.

While the future remains uncertain, civil society stands firm against regression.