The unsolved death of model and LGBTQ activist Edwin Chiloba sparked a heated debate among a subset of Kenyans that has not subsided.
In the fashion industry, Edwin was well-known. Beyond the fashion, however, lies a shroud of LGBTQ controversy, a taboo subject in Kenya about which only a select few speak openly.
At the highest levels of government, the LGBTQ issue is not a priority.
In an interview with CNN last year, Christiane Amanpour asked President William Ruto if Kenya would decriminalize homosexuality. Like his predecessor, Uhuru Kenyatta, he stated that the issue was irrelevant to Kenya.
“We have Kenyan law, the Kenyan Constitution, and our own customs and traditions. “We will continue to respect other people’s traditions as long as they respect ours,” he said.
“My concern is that there are currently five million unemployed young people and four million hungry people. This is the current focus of the Kenyan people. Let’s focus on the real issues affecting the Kenyan people for now,” he added.
Kenya is one of the 69 nations in which homosexuality is illegal. Activists’ efforts to decriminalize it were thwarted by a 2019 High Court ruling that upheld criminalization laws. But how did we arrive at this location?
Traditional African communities led a life that was both simple and sophisticated. Individuals were required to adhere stringently to established laws, customs, and values. These norms constituted a community’s customary laws that guided its prosperity.
In the traditional African context, homosexuality is taboo.
Those who engaged in the act were punished and, in some cases, excommunicated from the community, as many believed that homosexuality was a foreign concept introduced to Africa by colonial powers.
However, according to Dr. Timothy Onduru, a history lecturer at Moi University, homosexuality existed, albeit in a low-key manner, among African communities.
According to him, many individuals did not want to be identified as gay or lesbian due to the repercussions that came with it.
“Homosexuality existed in traditional African society, but it was conducted in secret. According to Onduru, those who engaged in the act were considered social outcasts.
Expulsion from the community was the form of punishment administered to such individuals.
In regards to homosexuality, Dr. Onduru notes that as societies evolved, a conflict arose between tradition and the law. Many believed that it undermined African culture and religious beliefs.
“There will always be a conflict between tradition and law when it comes to homosexuality because it undermines African culture,” he says.
When asked if Kenya should decriminalize same-sex marriage, the historian and university professor stated that Kenya should not accept homosexuality as a way of life.
He stated, “Currently, the majority of Kenyans cannot accept homosexuality as a way of life and cultural value.”
Christianity
Christians throughout the world consider homosexuality to be immoral and evil. Christianity, according to Pastor T Mwangi of the Life Church International in Limuru, was founded on the teachings of the Bible, and the Bible only defines and recognizes marriage between two people of opposite sexes.
“Because Christianity is founded on the teachings of the Bible, the stance of Christianity is heterosexual marriage. “Moreover, the Bible prohibits homosexuality,” he stated.
Pastor T Mwangi asserts, “The stand of the Bible is the stand of Christianity.”
Pastor Mwangi also notes that there will always be conflict between Christians and LGBTQ victims due to the fact that both groups enjoy equal and expansive freedoms in society.
“Society now says you have the freedom of expression, and the same society allows Christians to worship and express their faith freely. If my religion does not accept homosexuality, the other person will perceive that I am violating their freedom of sexual identity.”
“I believe it is a clash of human rights because we all stand in a position of rights, expressing my beliefs and their sexual orientation, respectively.”
Pastor T. Mwangi told Citizen Digital that homosexuality is a sin like any other and that a person cannot be excommunicated from the Church for revealing his or her sexual orientation.
“There is no comparison between a lesser sin and a greater sin. Sin is sin, and we have no authority to expel you from the church. You cannot expel a prostitute from a church for engaging in prostitution. Mwangi stated, “the problem will only arise if you impose your agenda on us.”
“We embrace every sinner because we know the gospel has the power to transform them, but we cannot embrace their lifestyle because the Bible is our guide.”
Law
In Kenya, same-sex marriage is a crime punishable by up to 14 years in prison. Bob Mkangi, a constitutional attorney, asserts that the Constitution does not directly address the LGBTQ community, but it does prohibit same-sex marriage.
“The Constitution does not expressly and directly address LGBTQ issues. Article 45 (2) states that every adult has the right to marry a person of the opposite sex with the free consent of both parties,” Mkangi explained.
“In this regard, the Constitution prohibits marriage between individuals of the same sex, regardless of their sexual orientation.” Article 28 of the Constitution, however, guarantees the protection of human dignity for every citizen.
Attorney Mkaangi adds that despite the fact that the constitution forbids same-sex marriage, LGBTQ victims are protected by other constitutional provisions that guarantee equality, human dignity, nondiscrimination, and freedom for all.
Other provisions prescribe equality, human dignity, non-discrimination, and freedom for all, regardless of sexual orientation, apart from the provision prohibiting marriage between people of the same sex, which is assumed to only apply to LGBTQ people.
Attorney Bob Mkangi told Citizen Digital that Kenya adopted the criminalization of LGBTQ from British law when asked if homosexuality laws originated from traditional customs.
“Our written laws originated from colonialism. They are of British descent. Laws that were in effect in Britain at the time of Kenya’s colonization were also in effect in Kenya. In this manner, Kenya adopted the criminalization of LGBTQ issues that had existed in the United Kingdom since 1533. Adopted in 1930, Kenya’s Penal Code retains the criminalization of “offenses against the order of nature.”
In 1954, the British government appointed a committee to examine the country’s homosexuality laws. Later in 1957, a committee led by Lord John Wolfenden would recommend the decriminalization of homosexuality in Britain.
Modernity
The traditional African way of life has evolved significantly over time. A new way of life — modernity — has supplanted traditional human customs and norms.
Many people around the world have publicly declared their homosexuality status or stance, which was unheard of in the traditional setting.
Winnie Juma, a fashion designer and environmentalist, asserts that LGBTQ victims should not be discriminated against and should enjoy the same human dignity and liberties as every other Kenyan.
“LGBTQ victims have the same rights as all Kenyans. Relationships do not demoralize anyone. Morality is how we treat, relate to, and respond to others,” said Juma.
