Homosexuality Laws in Kenya and How They Have Been Shaped Throughout History by Western Colonial Impact

DOI: https://doi.org/10.33043/kt88c72v2tm

Abstract

The laws surrounding homosexuality in Kenya reflect the country’s complicated history that is deeply influenced by Western colonialism. Western colonialism had lasting effects on local cultures and legal systems in Kenya. Before British colonial rule, many communities in Kenya had diverse views about sexuality with many indigenous societies having a more fluid mindset on gender and sexual orientation. However, when European colonizers arrived in the late 19th century a significant shift occurred in how sexual behavior, especially homosexuality, was viewed and regulated. Western ideas of morality and law, which were heavily influenced by Christian values, were forced onto Kenyan society. This transformation criminalized same-sex relationships.

British colonial officials introduced laws that specifically targeted “unnatural offenses” such as sodomy. These rules and regulations were based on British laws that saw any deviation from heterosexuality as immoral and illegal. These colonial-era laws were not only an attempt to control sexual behavior but also served to suppress indigenous cultures and enforce European standards. When Kenya gained independence in 1963, these colonial laws remained strong in the legal system, continuing to shape the way homosexuality was treated in the country. The Penal Code 162-165, inherited from the British, still contains sections that criminalized same-sex acts even though Kenya was no longer a colony.

https://openjournals.bsu.edu/burkhardtreview/article/view/6025

Authors

Rhian MehlbauerBall State University