Homosexuality in an African concept; a study into the decriminalization of homosexuality in Kenya
Date
2021-03
Authors
OWINO, FREADA KINDA
Journal Title
Journal ISSN
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Publisher
Strathmore University
Abstract
The paper brings to light the notion that Kenya’s anti-sodomy laws are unconstitutional and incompatible with international human rights instruments. In relation, the paper looks at the constitutional approach to decriminalization of same sexual conduct and the manner that it can be interpreted and applied to advance a case for decriminalization. Desktop research methodology is used to look at various theories in relation to decriminalization of homosexuality, the position of LGBTIQ rights in the international sphere and in addition, progressive interpretation of the constitution to potentially decriminalize anti-sodomy laws.
Description
The population in Africa is more than a billion. With Africa having 55 countries, one common misconception is that homosexuality was non-existent in Africa until white men imported it.1 The desire to explore and experiment with one’s sexuality has never been confined to geographical location in history. This myth of homosexuality being un-African is used to endorse anti-gay legislation and stir persecution and homophobia in Africa even though studies have shown that homosexuality is African.