This joint report by the National Gay and Lesbian Human Rights Commission (NGLHRC) and Amnesty International documents the extremely dangerous situation of hate crimes, discrimination and other human rights violations suffered by lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers and refugees in Kenya, specifically those living in Kakuma refugee camp, between 2018 and February 2023.
Kenya is the only country in the East and Horn of Africa that offers asylum to individuals who seek protection because of their sexual orientation, gender identity and/or expression and sex characteristics.
Across this region, the criminalization of same-sex sexual practices and relationships; legislation targeting LGBTI people; and cultural and religious traditions continue to force LGBTI people to flee. Many flee to Kenya because of its geographical proximity. However, national legislation in Kenya criminalises same-sex sexual relations and abuse of the rights of LGBTI people is widespread.
The findings detailed in the report show that LGBTI asylum seekers and refugees in Kenya face intersectional discrimination and violence based on their identity as asylum seekers or refugees and their sexual orientation, gender identity and/or expression, and sex characteristics (SOGIESC). They experience discriminatory practices and homophobic and transphobic attitudes from government officials, the police and other service providers, in a social climate characterised by prejudice and discrimination. These are reflected in the homophobic behaviour of officials during registration; delayed refugee status determination; harassment and discriminatory violence, including violent homophobic attacks, threats and intimidation; and extremely limited opportunities for durable solutions such as local integration and third-country resettlement.