Numerous Kenyan politicians and religious leaders believe that homosexuality is a Western import and against African norms and traditions. Religious leaders have an important role in the society, and religious groups have hindered the advancement of LGBTI rights, for instance opposing the registration of the National Gay and Lesbian Human Rights Commission to the NGO board.  Negative social attitudes towards LGBTI individuals are common to the extent that the Kenya Medical Research Institute (KEMRI) providing HIV/AIDS services was the target of vigilante attacks motivated by conservative and religious values in 2010. Human Rights Watch wrote an open letter to the Government of Kenya in relation to the attacks, emphasising that such acts violate the ICCPR’s provisions for protection of private life and protection against discrimination.

In 2010 Prime Minister Ralia Odinga commented that same-sex relationships are outlawed in the new Constitution because marriage is defined as being between a man and a woman. Moreover, in 2014, Aden Duale, a leading Kenyan MP said that homosexuality is ‘as serious as terrorism’ in response to a group of MPs demanding tougher laws on homosexuality. The Deputy President, William Ruto has also repeatedly issued homophobic statements against LGBTI persons, the most recent in May 2015 at a church service saying there is ‘no room for homosexuality in Kenyan society’.

LGBTI persons in Kenya also face harassment and abuse by police officials who charge LGBTI persons with false allegations and hold them in ‘remand houses’ with no explanation of the charges against them. In another instance, a Police Constable interviewed by the Kenya Human Rights Commission stated that ‘all homosexuals are criminals and rapists’.

Gay individuals face discrimination in accessing health care due to high prevalence of HIV amongst men which is almost three times higher than in the general population. Because sexual relations between men are criminalised, LGBTI persons avoid seeking help with HIV services. Practitioners often deny HIV care to LGBTI patients and at times breach their privacy by exposing them to police officials. As such, these individuals will often self-medicate or even lie to doctors, resulting in incorrect treatment.

Prejudice and lack of legal protections together contribute to a climate where LGBTI persons are disproportionately vulnerable to physical violence, verbal abuse, the destruction of property, as well as discrimination in access to public services – including healthcare in particular – and employment. Many LGBTI people feel they cannot be open about their sexual orientation or gender identity, because they fear violence, harassment and discrimination. Traditional social and religious attitudes play a significant role in perpetuating homophobia and transphobia in Kenya where 90% of the population believe that homosexuality should not to be accepted by society. Lesbians in addition suffer discrimination from their family members, as parents who find out that their daughter is a lesbian may withdraw educational support. Openly gay and transgender people are vulnerable to physical violence, harassment and intimidation.

In Kenya, MSM (men who have sex with men) residing in informal settlements and slums face more direct verbal abuse, such as the derogatory word ‘shoga’ which means gay in Swahili. Even in the more exclusive areas of Kenya the word is used as a discriminatory term against LGBTI persons. The stigmatization of LGBTI Kenyans often begins at home in their families.

In April 2016 the NGO National Gay and Lesbian Human Rights Commission (NGLHRC) filed a lawsuit challenging Kenyan law against same-sex conducts between consenting adults. The case will be heard by the Constitutional and Human Rights Division of the High Court in the capital, Nairobi, the Associated Press reports.  As a security precaution the NGLHRC announced the closure of its office for a week.

Kenya receives a large number of LGBTI refugees from across the region, especially Uganda, since the enactment of the Anti-Homosexuality Act in February 2014. As such, the refugees at the refugee camp in Kenya automatically assume that all newly arriving Ugandan refugees are LBGTI persons, giving rise to harassment by other refugee residents. In general, LGBTI refugees fleeing to Kenya face further violence, exploitation and stigmatization when they arrive. Therefore, LGBTI refugees often choose not to reveal their sexual orientation.

In addition, most Kenyan refugee-assistance NGOs are unaware of the specific protection needs of LGBTI refugee, who are referred by asylum authorities. As a result, many LGBTI refugees in Kenya face the risk of being excluded from services that would allow them to expand outreach and identification. Although UNHCR tries to rapidly answer protection needs of LGBTI refugees, it fails to combat homophobic attitudes among protection agents in Kenya.

The LGBTI refugees who claim asylum on the basis of their membership of a particular social group via the RSD procedure conducted by the UNHCR are eligible to receive international legal protection through resettlement. However, since October 2013 the responsibility for RSD processes has been transferred to the Department for Refugee Affairs (DRA) under the Refugees Act 2006, which raises concerns for upholding current RSD policies.

Nonetheless, the U.S. Refugee Admissions Program (USRAP) reviews LGBTI resettlement cases on an expedited basis. However, the resettlement process can take between 12 to 18 months, on top of already waiting for several years before the resettlement process is started.