Closely related to this, is a cartel of corrupt police officials who routinely extort and blackmail LGBTI persons with the threat of arrest and imprisonment if they do not give those bribes.

[15] Nevertheless, few argue that Kenya's statutes discriminating against LGBTI persons are unconstitutional and void because of the constitution's broad protection of civil and human rights.

[18]: pages: 448–9 Article 10(2)(b) of the Constitution of Kenya provides that, "The national values and principles of governance include ... human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised...." Concerning this provision, "Right there, there is a firm basis [for] one to argue against the violation of their [LGBTI persons'] dignity ... on the basis of their gender or sexual orientation.

[22] In 2016, The Employment and Relations Court in the Kenyan town of Nyeri ordered the Anglican Church of Kenya to reinstate three priests who were suspended in 2015 after allegations surfaced that they were gay.

[34][35] In a separate case, a Court of Appeal in Mombasa, Kenya, ruled on 22 March 2018, that conducting forced anal examinations on people who are accused of same-sex relations is unconstitutional.

The ruling reversed a 2016 High Court decision that had upheld the Kenyan authorities' use of forced anal exams to attempt to provide evidence of homosexual conduct.

[40] The bill, written and introduced by Parliament member George Peter Opondo Kaluma, allows "aggravated homosexuality" to be punished with death and would criminalize all promotion of LGBT activity.

The rumor unleashed a "house-to-house witch hunt by anti-gay vigilantes, street attacks targeting gay men, the sacking of an AIDS-fighting medical center, and a widening wave of ultra-homophobic national media coverage".

[44] A local radio station, Kaya FM, picked up the story and started a series of programs on gays, which "included phone-in talk shows filled with homophobic discourse and incitements to violence".

Without being allowed to complete the therapy, transgender people suffer identity problems since they are biologically either male or female, yet they present themselves in one of the gender by mode of dressing, personality expressions or through other socially defined roles.

[49] Intersex people face stigma, discrimination, and violence in Kenya, including mutilation and non-consensual medical interventions, and difficulties in obtaining documentation.

[50] Under Article 40 of the Covenant,[51] the United Nations Human Rights Committee (UNHRC) reviewed and made recommendations on 24 March 2005 concerning Kenya's 18-years-late second periodic report.

The following recommendations were made to Kenya (the country that initiated the recommendation is listed in parentheses):[55]: page: 22 ¶ 103.5 Take concrete steps to provide for the protection and equal treatment of lesbian, gay, bisexual and transgender persons (Netherlands); decriminalize same-sex activity between consenting adults (Czech Republic); repeal all legislative provisions which criminalize sexual activity between consenting adults (United States of America); decriminalize homosexuality by abrogating the legal provisions currently punishing sexual relations between consenting individuals of the same sex, and subscribe to the December 2008 General Assembly Declaration on sexual orientation and human rights (France) In response, Kenya indicated on 6 May 2010 that same-sex unions were culturally unacceptable in Kenya.

The law that is HIV and AIDS Prevention and Control Act of 2006 expressly prohibits any discrimination towards same-sex relationships or people on the basis of their sexual orientation.

The U.S. Department of State's 2011 human rights report found that "societal discrimination based on sexual orientation was widespread [in 2011] and resulted in loss of employment and educational opportunities.

[12]: pages: 24–25  Employees were reported to have been terminated or subjected to hostility, ridicule, humiliation, and discrimination when their sexual orientation or gender identity became known in the workplace.

Leaders within the three dominate religions in Kenya, Catholic, Anglican and Islamic, condemn homosexuality and transgender identity as signs of decadence, disease, and immorality.

In June 2011, Kisauni Islamic College principal Sheikh Majid Obeid blamed inflation and drought on people who engage in same-sex acts.

Council of Imams and Preachers of Kenya Organizing secretary Sheikh Mohammed Khalifa said, "We are asking Kenyans to shun businesses owned by such people and further show them open discrimination as a way of stopping the beastly act.

[63] A mob of 100 people led by religious leaders and village elders on 23 February 2012 stormed a meeting of homosexuals at the Likoni CDF Youth Empowerment and Library Centre.

The governmental Kenya National Commission on Human Rights reported in April 2012 that,[65] LGBIs are discriminated, stigmatised and subjected to violence because of their sexual orientation.

LGBIs are also unable to access spiritual nourishment from the society because they are labelled as evil and the teachings in places of worship interpret LGBI activities as unnatural and unacceptable.

In response, Peter Karanja, the general secretary of the National Council of Churches of Kenya, said on 11 May 2012,[66] We are concerned that the direction the debate has taken is that of the recognition of homosexuality and prostitution which are against African beliefs and more so our Christian principles.

The July 2012 murder of Tanzanian LGBT rights campaigner Maurice Mjomba was raised during the meeting and Kalu was reported to have "appeared visibly disturbed, saddened[,] and struck with grief" by the news.

He condemned the murder of Mjomba as a "heinous and cowardly" act and expressed the wish that someday soon LGBTI people will live in a free world without "violence and discrimination".

[74] On 21 September 2018, the Kenyan High Court lifted the ban on the film, allowing it to be screened in the country for seven days, therefore meeting the eligibility requirements.

[78][79] In November 2010, Kenyan Prime Minister Raila Odinga said the behavior of gay couples was "unnatural" and that, "If found the homosexuals should be arrested and taken to relevant authorities".

[82] The chief justice of the Kenyan Supreme Court, Willy Munyoki Mutunga, said at a groundbreaking ceremony for FIDA Uganda in Kampala on 8 September 2011,[83] The other frontier of marginalization is the gay rights movement.

Here I'm simply confining my statement to the context of human rights and social justice paradigm, and avoiding the controversy that exists in our constitutions and various legislation.

We need clarity on this issue within the human rights movement in East Africa, if we are to face the challenges that are spearheaded by powerful political and religious forces in our midst.