Kenya (Cycle 2)

For a summary of Kenya’s review at the first cycle please click here.

21th UPR session
Date of review: 22 January 2015
Date of report adoption: 26 March 2015
Document number: A/HRC/29/10

SUMMARY

SOGIESC issues during Kenya’s 2nd UPR review
Civil society submissions: ✓ (7 submissions)
National report: ✘
UN information: ✓
Working group discussions: ✓
Recommendations: ✓ (1 accepted, 5 noted)

I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life

29. CHRI, ERT, HRW, international Service for Human Rights (ISHR) and Joint Submission 9 (JS9) referred to recommendations rejected by Kenya during its first UPR on lesbian, gay, bisexual, transgender and intersex (LGBTI) and indicated that homosexuality remained a criminal offence in Kenya. They recommended that Kenya inter alia decriminalize same-sex relations between consenting adults. JS4 and JS6 made similar recommendations. ERT and HRW also recommended that Kenya provide protection to LGBTI persons, while ISHR, JS4 and JS9 recommended taking action against violence, hate speech or hateful sentiments against LGBTI persons or associations.

II. Excerpts on SOGIESC issues from the national report
No references.

III. Excerpts on SOGIESC issues by UN agencies
Right to privacy, marriage and family life

34. The HR Committee recommended that Kenya decriminalize sexual relations between consenting adults of the same sex and put an end to the social stigmatization of homosexuality.

IV. References to SOGIESC issues during the Working Group review
41. Sweden expressed concerns regarding media legislation, the implementation of the Kenyan Public Benefits Organization Act and the criminalization of consensual adult same-sex conduct.

83. Kenya reported that it had come through a long period of national dialogue on the new Constitution. Critical social issues had been put to the various forums in which the Constitution was negotiated. The issues included abortion, death penalty and sexual identity, and particularly the use of criminal law in such cases. The issues had been divisive and the requisite political and social consensus on them was a work-in-progress. In the meantime, Kenya had not carried out any execution since 1987. On the rights of lesbian, gay, bisexual or transgender persons, Kenya stated that no individual could confirm that criminal law had been applied to them on the basis of his/her sexual orientation. It also stated that the judiciary had intervened in progressive ways, such as directing the Government to recognize the right of those who wanted to change their sexual identity in governmental documents.

96. Denmark encouraged Kenya to take action against the incitement of hatred against lesbian, gay, bisexual, transgender or intersex persons and remove barriers for their access to health services.

140. Brazil referred to the remaining challenges, including in the area of freedom of expression and association, and the rights of lesbian, gay, bisexual or transgender persons.

141. […] On the issue of lesbian, gay, bisexual or transgender persons, Kenya reported that a policy had been developed by the Ministry of Health specifically relating to them. […]

V. Conclusions and/or recommendations
Kenya accepted the following recommendations:

142.41. Adopt a comprehensive anti-discrimination law affording protection to all individuals, irrespective of their sexual orientation or gender identity (Sweden).

Kenya noted the following recommendations:

143.36. Repeal legal provisions that foresee penalties against lesbian, gay, bisexual or transgender persons, in order to respect the principle of nondiscrimination (France);

143.46. Decriminalize sexual relations between consenting adults of the same sex (Slovenia);

143.47. Decriminalize consenting relationships between adults of the same sex and adopt measures against violence and hate speech against lesbian, gay, bisexual, transgender or intersex persons and associations (Chile);

143.48. Decriminalize consensual same-sex conduct between adults (Denmark);

143.49. Decriminalize sexual relation between consenting adults of the same sex (Poland).

VI. Further information
You will find all documents relating to Kenya’s second review at UPR-Info and OHCHR’s websites.