INCLUSION OF LGBTQ RIGHTS INTO THE BILL OF RIGHTS IN KENYA – A PRO-GAY APROACH

Abstract

The human rights of LGBTQ individuals are often ignored by law and often face discrimination from the same society that they reside. This research paper explores LGBTQ rights and the need to provide legal protection. The area of study shall be highlighting laws that are anti-gay in Kenya and shine a light at discrimination that LGBTQ people face in Kenya either at school, work places, sporting centres, hospital etc. This research paper looks at the attitude Africans have towards LGBTQ and what shapes their school of thought. The idea of separation of church and state is brought up in this paper. Religious mind-set and views towards homosexuals have shaped the harsh attitude towards the LGBTQ community. A comparative analysis of legislative framework of Botswana, South Africa, Canada, United States of America and Kenya is carried out. International law on human rights is looked into and suggested to be incorporated in Kenya since Kenya has signed and ratified such law. This research paper suggests that Kenya should adopt progressive legislations from other nations of legislate a better bill of rights that will protect all people liberty and rights. This research exposed police and civilian brutality targeting LGBTQ persons which to the extreme has caused death. This research paper suggest the laws criminalisation same sex marriage to be struck out as it is against protection of individual liberty. Court processes and petitions to declare section The 162 of the penal code unconstitutional is reviewed. This paper reviews such cases and offers opinions as to the need to protect individual liberty and appreciate our differentiation in whish this courts would have applied to promote equality and offer legal protection to this group of people. This research paper offer recommendations to the protection of LGBTQ rights as human rights