By: Paul Goldberg, Senior Editor | JRL CHARTS – LGBT Politics Asia

NAIROBI, KENYA — (July 15, 2025) Kenya, once regarded as a critical safe haven for LGBTQI+ asylum seekers from Uganda and other East African nations, is now turning hostile, according to multiple human rights organizations and refugee advocates.

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For years, Kenya provided refuge for queer Ugandans fleeing persecution, especially after Uganda’s 2023 enactment of the Anti-Homosexuality Act (AHA), which imposes the death penalty for so-called “aggravated homosexuality.” The United Nations estimated that 1,000 LGBTQI+ Ugandans had sought safety in Kenya by 2021—a figure that has since surged to over 4,000, according to the Refugee Coalition of East Africa.

While same-sex relations remain criminalized under Kenyan law, enforcement has historically been lax. But recent political shifts have begun to erode that fragile sense of security.

A Legal Victory That Backfired

In September 2023, the Kenyan Supreme Court ruled in favor of the National Gay & Lesbian Human Rights Commission (NGLHRC), granting it the legal right to register as an NGO. The court called it unconstitutional to deny recognition based solely on applicants’ sexual orientation.

“Just like everyone else, LGBTQ+ people have a right to freedom of association, which includes the right to form an association of any kind,” the court stated.

But instead of signaling progress, the ruling sparked nationwide backlash. Anti-LGBTQ rhetoric exploded across social media, while demonstrations broke out in Nairobi and other regions.

President William Ruto publicly distanced his administration from the ruling, saying, “We respect the Supreme Court’s decision but that doesn’t mean we have to agree with it. Our values, customs, and Christianity do not allow us to support same-sex marriages.”

Deputy President Rigathi Gachagua took it further, calling the decision “satanic and repugnant to morality and way of justice.” Kenya’s Attorney General has since announced plans to seek a formal review of the ruling.

Rise in Attacks and Online Hate

What followed was a disturbing spike in both online and offline violence. Human rights organizations say LGBTQI+ individuals have reported being followed, harassed, and assaulted. Local police have been accused of looking the other way—or worse, joining in the abuse.

LGBTQI+ advocates say government officials are now openly aligning with anti-rights organizations, empowering religious extremists and nationalist groups to conduct a renewed anti-gay campaign under the banner of “cultural protection.”

A Dangerous New Bill and a Growing Exodus

In 2025, Kenya’s parliament introduced the Protection of the Family Bill, an anti-LGBTQ law modeled after Uganda’s AHA. Among other provisions, it seeks to deny asylum to anyone identifying as LGBTQI+ and allows for the expulsion of queer refugees based on their sexual orientation.

In response, a growing number of LGBTQ refugees have begun fleeing Kenya altogether, with reports that over 200 individuals have crossed into South Sudan, where asylum processes are reportedly being fast-tracked for potential resettlement to Western countries. Some have paid over $1,000 to smugglers in desperation.

Compounding the crisis, Kenya fully took over refugee case management from the United Nations in 2021—leaving many LGBTQI+ claimants fearful of discrimination under state control.

As East Africa’s political winds grow increasingly hostile, advocates warn that thousands of queer refugees now face renewed danger—just as they once believed they had found safety.

Stay with JRL CHARTS – LGBT Politics Asia for continuing coverage on the fight for LGBTQI+ survival across the region.

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