A new national assessment shows that LGBTIQ+ Kenyans face a wide range of obstacles that restrict their engagement with elections and governance, despite legal rulings that affirm their right to participate in public life.
The report Our Vote Our Future: LGBTIQ+ Inclusion in Democratic and Governance Processes in Kenya documents experiences across 14 counties and outlines the pressures shaping civic participation as the country moves toward the 2027 general election.
The study, conducted by INEND, NGLHRC, galck+, draws from focus groups, key informant interviews and an online survey. Respondents described limited safety, strained relations with public institutions, and mixed attitudes from political actors. Only participants in Kilifi reported a sense of security during civic engagement, while others described fear linked to past attacks, public hostility and uncertainty around state protection.
These findings were echoed by survey results in which 27.7 per cent of respondents described the public mood as more negative than before.
The report links these concerns to recent national events. Kenya has operated without commissioners for the Independent Electoral and Boundaries Commission since October 2024 due to ongoing court challenges. This has stalled electoral audits and preparations for 2027, raising questions about transparency and inclusion.
The legal environment remains mixed. The Constitution protects equality, dignity, and freedom of association, and courts have affirmed these rights in several rulings, including the 2023 Supreme Court decision allowing the registration of an LGBTIQ+ organisation. Yet participants noted that colonial-era Penal Code provisions remain in force and continue to influence police conduct, access to services and public rhetoric by political and religious leaders. Several respondents linked these contradictions to continued evictions, harassment, and denial of essential services.
The study records human rights violations across multiple sectors. These include physical attacks, sexual violence, denial of healthcare, online extortion, loss of employment and school expulsions. Respondents in Mombasa and Kwale referenced previous incidents that shaped their decisions on whether to vote or appear in political gatherings. Others raised concerns about limited pathways for legal name changes and the impact this has on identity documents used during voting.
Despite these barriers, the report notes ongoing political participation. In 2022, the electoral commission accredited 50 observers from LGBTIQ+-led groups. The same election also included the first intersex candidate on a ballot for a county assembly seat. However, respondents said these milestones have not translated into broad institutional safeguards or political acceptance.
The study points to wider regional and global pressures that shape Kenya’s environment. These include anti-LGBTIQ+ legislation in neighbouring states, shifts in donor funding, and renewed scrutiny of civil society under Kenya’s Public Benefit Organisations Act. Interviews with civil society representatives and state officers highlighted concerns about surveillance, arrests, and shrinking funding streams that limit sustained organising.
The report proposes reforms directed at government agencies, political parties, civil society and development partners. These include inclusive voter registration systems, SOGIE-SC sensitive training for state officers, clear procedures for legal identity documentation, protection of civic space, expanded legal aid and long-term investment in community organising.