House committee reignites gay rights storm, push for strict enforcement of Penal Code

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A parliamentary committee has urged the Interior Ministry to strictly enforce the provisions of the Penal Code Act, CAP 63 particularly sections that prohibit homosexuality in the country.

The National Assembly Committee on Public Petitions has made the recommendation following a petition filed in the House by Nyali MP, Mohamed Ali, representing Christian and Muslim religious leaders and organizations, non-governmental organizations, and individuals.

The committee chaired by Runyenjes MP, Karemba Muchangi has subsequently tabled a report in the House, saying the petition arose from court rulings overturning actions of Executive Director of NGO Coordination board's refusal to register an association for Lesbians, Gays, Bisexuals, Transgender and Queer (LGBTQ) based on section 162, 163 and 165 of the Penal Code.

The Supreme Court held that denial of registration on the basis of these sections of the penal code was discriminatory and unconstitutional.

The committee undertook the inquiry by hearing from the petitioner, Ministries of Education and Interior, Kenya Human Rights Commission (KHRC), Pema Kenya, Human is My Identity Alliance, Glack+, Amnesty International Kenya, Kenya Law Reform Commission, Coalition for Grassroots and Human Right Defenders Kenya.

“The Committee noted that court rulings had affirmed protection of all people's rights to associate, but neither did the courts legalize same-sex unions nor render sections 162, 163 and 165 of the Penal Code unconstitutional. Article 45(2) of the Constitution was the foundation of relationships culminating in marriage,” the report, dated September 2026 states.

The Committee has also observed that Human Sexuality Education within Competency Based Curriculum (CBC) did not have LGBTQ content, and recommended that all curricula must be cognizant of Article 45(2) of the Constitution.

Section 162 of the Penal Code speaks to unnatural offences saying that any person who has carnal knowledge of any person against the order of nature, has carnal knowledge of an animal or permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for 14 years.

Section 163 on attempts to commit unnatural offences states that any person who attempts to commit any of the offences specified in section 162 is guilty of a felony and is liable to imprisonment for seven years.

Similarly, Section 165 provides that any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.

“On the prayer that the Committee intervenes with a view to have the Ministry of Interior strictly enforce the provisions of the Penal Code Act, CAP 63 particularly sections 162, 163 and 165 that prohibit homosexuality in the country; the Committee recommends that the Ministry strictly enforces the law as is,” the committee recommended.

Another request made in the petition was for the committee to investigate the possibility of approved curriculum or content by the Ministry of Education, through the Kenya Institute of Curriculum Development (KICD) as regards to LGBTQ in the country.

But the report states that the Committee found no such approved curricula and recommends that the Ministry through KICD ensures all educational curricula uphold Article 45(2) of the Constitution.

In his appearance before the committee, Ali said no official data or statistics exist regarding the number of LGBTQ individuals in Kenya, as the practice is largely concealed and conducted in secrecy.

He, however, said some LGBTQ members have publicly identified themselves on social media but was concerned that the culture was foreign and aimed at enticing people to engage in what they considered unnatural practices.

In their presentation, the Ministry of Education said human sexuality, while personal and sensitive, is also a matter of national concern involving identity, morality, and social well-being.

The Ministry told the committee that while the Constitution recognizes parents as the primary moral guides, the education system-together with religious and civil society institutions-plays a complementary role.

“Human sexuality education within CBC is structured not merely as sex education, but as a broader developmental framework that supports learners in understanding, accepting, and appreciating their sexual identity. It promotes values such as abstinence, self-respect, and protection from risky behaviors. The Instructional materials are not expected to promote LGBTQ in any way,” the Ministry submitted.

But Coalition for Grassroots Human Right Defenders Kenya gave a written submission stating that the organization protects and defends the rights of all Kenyans, regardless of their sexual orientation and gender identity, including LGBTQ+ Kenyans.

“The association urged the public petitions committee to reject this petition. The petition is an attempt to undermine rights and fundamental freedoms contained in the Constitution. The Constitution guarantees the right to equality and non-discrimination, dignity and freedom of association,” the report states.

Amnesty International Kenya submitted that the petition was frivolous, has no basis and was meant to threaten the peaceful coexistence of peace-loving Kenyans.

“The petition seeks to undermine the authority of the Supreme Court that clearly pronounced itself on the matter of freedom of association for the LGBTQ+ people in Kenya in the case of NGO Coordination Board vs Eric Gitari and 5 Others,” Amnesty International submitted.

They also insisted that the allegation accusing LGBTQ+ people of threatening the family unit is unfounded.

On its part, the Gay and Lesbian Coalition of Kenya (Galck+) submitted a written stating that the petition by the MP is an attempt to stoke division among the Kenyans.

They said that the petition entrenches the culture of discrimination and abuse towards persons on the basis of their real of imputed sexual orientation and gender identity, in contravention to the values and principles laid out in the Constitution and the laws of Kenya.

“Sexual orientation and gender identity are inherent aspects of a person's identity that are not chosen and cannot be changed by force, law, or persuasion. False and baseless accusations targeting the LGBTQ+ persons form the basis of violation of the rights of these persons,” Galck insisted.

Human is My Identity Alliance told the committee that LGBTQ+ people have existed in Kenya and continue to co-exist within communities belonging to cultural, ethnic, religious and gender diversity.

The Alliance held that LGBTQ+’s existence has never threatened any community or institutions in the country.

“The alliance recommends to the Committee to dismiss the petition in its totality and to work with other relevant committees to include gender identity as a basis for hate speech in Kenya in the proposed NCIC Bill 2023,” the Alliance submitted.

But the Committee ultimately observed that the court ruling allowing registration of an association does not and cannot impeach neither Article 45(2) of the Constitution nor sections 162, 163 and 165 of the Penal Code, and does not in any way open the doors to legalize same sex unions.

“Article 45(2) of the Constitution is express that every adult has the right to marry a person of the opposite sex. Promotion of activities that are contrary to Article 45(2) ought to be disallowed,” the committee observed.

“Any person seeking registration of any association ought to clearly demonstrate that the association's activities do not intend to violate this provision of the Constitution. They can associate on any other matter thereof,” it added.