Navigating the politics of backlash: LGBTQ+ rights and the Family Protection Bill in Kenya

This working paper contributes to a research series exploring the politics of anti-gender backlash, sharing insights from three country contexts: Kenya, Sierra Leone and The Gambia.

In 2023, Kenya made international headlines with a proposed Family Protection Bill which sought to increase already harsh punishments for same-sex sexual acts, as well as impose new restrictions on LGBTQ+ inclusive education and limit freedom of expression. The Bill mirrored Uganda’s 2023 Anti-Homosexuality Act and was widely viewed as a backlash against a Supreme Court ruling which allowed the National Gay and Lesbian Human Rights Commission to legally register as a non-governmental organisation, with ‘gay’ and ‘lesbian’ in its title.

While Kenya has been a hotspot for the ‘African values’ debate around LGBTQ+ rights for at least two decades, international anti-rights movements are exerting an increasingly strong influence, and this research sets out to understand the stakeholder motivations and influences that led to the presentation of the Bill. The paper employs a political economy analysis to complement activist interviews to map the dynamics and subsequent events, with the aim to support international development actors seeking to better assess opportunities and obstacles to their initiatives on gender rights.

Kenya is a hostile environment for queer people, with opinion surveys consistently showing strong dislike for sexual and gender minorities over several decades. However, foreign interference is intensifying public debates around anti-homosexuality, with powerful organisations sponsoring figures such as MP Peter Kaluma who have led the way on bringing regressive legislation to parliament.

Key messages

• Foreign (and predominantly Western) anti-rights actors are influencing national politics under the guise of empowering African leadership and defending ‘African family values’, financing local African politicians to advance their regressive anti-rights agenda by leveraging anti-colonial rhetoric.
• Politicians and political actors driving anti-LGBTQ+ debates in Kenya can be driven more by power-seeking or personal political motivations than by ideological commitment.
• Protecting LGBTQI+ rights in Kenya relies on the strong rights-based Constitution and ability of courts to rule in favour of these rights. Upholding the rule of law and supporting a strong independent judiciary are vital strategies.
• A combination of public advocacy from civil society and behind-the-scenes engagement with political allies has protected LGBTQI+ rights. To sustain progress, civil society must be financially supported, and known allies connected and supported to apply diplomatic pressure.
• International actors should undertake a political economy analysis, and take election campaign cycles into account, when considering strategic timing of interventions on sensitive gender issues.