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Independent AfricaThe proposed 50-year prison penalty in Kenya's anti-gay law

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The proposed 50-year prison penalty in Kenya’s anti-gay law

A proposed legislation in Kenya, known as the Family Protection Bill 2023, is advocating for severe penalties, including 50 years of imprisonment, for non-consensual sexual acts involving gays and lesbians. The draft law, introduced by Homa Bay Town legislator Peter Kaluma, aims to outlaw homosexuality, same-sex unions, and all LGBTQ-related activities and advocacy.

Additionally, the bill seeks to prohibit gay parades, gatherings, and demonstrations in public spaces, as well as cross-dressing in public.

“A person who engages in sexual act with a person of the same sex without the consent of the other person shall upon conviction be sentenced to imprisonment for a term of not less than 10 years and not exceeding 50 years,” says the bill.

If the bill is enacted, individuals who own properties used for same-sex activities will be subject to a fine of $14,000 (£11,000) or could potentially face a seven-year prison sentence.

Last week, religious leaders and certain civil society organizations organized anti-LGBTQ demonstrations in the coastal city of Mombasa.

This protest followed a reaffirmation by Kenya’s Supreme Court of a decision made in mid-September to permit the registration of LGBTQ non-governmental organizations (NGOs).

The Kenya NGO Coordinating Board had previously refused to register the National Gay and Lesbian Rights Commission, citing its promotion of same-sex behavior and dragging the case for a decade.

However, earlier this year, the Supreme Court deemed this action discriminatory and unconstitutional, thereby granting LGBTQ organizations the right to register in a groundbreaking ruling.

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