A Critical Analysis Of The Criminalisation And Discrimination Of The Lesbian, Gay, Bisexual And Intersex (Lgbti) Community Kenya

Abstract

The Constitution of Kenya 2010, Articles, 33, 27, provides that every Citizen has the right to expression and freedom from non-discrimination, however, the law in action is that despite the laws in place, the LGBTI communities are still faced by discrimination and are subject to violence. For instance, in the Eric Gitari case,6 the Non-Governmental Organizations Coordination Board, declined to register a non-governmental organization (NGO) whose main focus was safeguarding the sexual minorities’ rights. The High Court held that the Board had abused the constitutional provisions that guaranteed the freedom of association, the right to equality and freedom from discrimination.7 This study will examine the reasons for the constant infringement of the rights of the LGBTI community and the impact in society.