TCEN stands in solidarity with Kenyan LGBTI+ community in light of disappointing high court decision

The Commonwealth Equality Network are saddened by the news that the Kenyan High Court has declined to repeal section 162 of Penal Code which criminalises gay sex.

The ruling is a blow to Kenya’s LGBTI+ community who have been fighting for years to repeal the colonial-era laws.


Rosanna Flamer-Caldera, Chair of The Commonwealth Equality Network and Executive Director of EQUAL GROUND Sri Lanka, stated:

“We are deeply upset that the Kenya High Court has ruled not to decriminalise same-sex sexual acts. The news reminds us all that the fight for LGBTI+ rights is still a challenge for the community globally.”


Management committee member of Africa, Frank Mugisha from Sexual Minorities Uganda (SMUG), expressed:

“It shouldn’t be a crime to love. It’s painful to see courts set precedents that won’t only affect us but also generations to come. I believe this judgment was based entirely on emotion. The result is an enormous shame, but the Kenyan activists put up a worthy fight. Despite the outcome, their tenacity of spirit has inspired many of us."


70 countries still criminalise same-sex intimacy with the majority of them residing with the Commonwealth.


The 46 civil society organisations of The Commonwealth Equality Network—an organisation officially accredited to the Commonwealth—stand in solidarity with the LGBTI+ people in Kenya who have been working tirelessly to secure their human rights.

May 24, 2019