This August marks 15 years since the Constitution of Kenya 2010 was promulgated, a transformative moment that promised to protect the rights and dignity of every Kenyan, regardless of gender, ethnicity, religion, sexual orientation or gender identity. At its heart, Article 27 enshrines equality before the law and freedom from discrimination in all its forms.
In the spirit of that constitutional promise, Kenya made headlines this July with a bold and progressive stance on the global stage. Kenya joined 28 other nations in voting to renew the mandate of the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI). The resolution passed at the UN Human Rights Council with 29 votes in favour, 15 against, and 3 abstentions.
This mandate plays a critical role in documenting and addressing human rights violations faced by sexual and gender minorities worldwide, often in countries where such abuse is not only widespread but also entrenched and state-backed. Kenya’s vote, alongside South Africa’s, stood out- they were the only African nations to support the renewal.
Unsurprisingly, the decision sparked backlash from anti-rights groups, particularly some Christian coalitions. Online platforms lit up with petitions urging President William Ruto to retract Kenya’s support, with one such petition from CitizenGO gaining traction. The discourse was polarizing, at times disheartening, revealing the deep divide between our constitutional ideals and prevailing public opinion on LGBTQ+ rights.
Yet this vote is not an anomaly, it aligns with Kenya’s constitutional commitment to equality. We cannot claim to advocate for rights while celebrating, or remaining silent about, the misery and abuse of others.
Since the mandate’s creation in 2016, three successive Independent Experts have conducted official visits to 11 countries and produced 17 comprehensive reports documenting patterns of discrimination. These reports have tackled pressing issues: the criminalisation of same-sex relations between consenting adults; the urgent need for legal recognition of a person’s gender; and the plight of LGBTQ+ persons who are forcibly displaced. The experts have also sent communications to 171 States worldwide, urging action on documented violations and systemic abuses.
These are not abstract statistics, they represent real lives, real struggles, and real progress in making international law a tool for protection rather than persecution.
As Kenya prepares to celebrate 15 years of the Katiba, it is a moment for deep reflection. We must take stock of our journey, acknowledge the victories, big and small, and confront the unfinished work ahead. Progressive moves like Kenya’s UN vote must be celebrated, not shunned. They show the world, and ourselves, that we are capable of honoring the spirit of our Constitution even when it is politically inconvenient.
As the late civil rights activist Fannie Lou Hamer famously said: “Nobody’s free until everybody’s free.” Our freedom, dignity, and constitutional promise are intertwined. In the next 15 years, may we have the courage to ensure that no Kenyan is left behind in the full enjoyment of their rights.
Kavutha Mutua is a Human Rights Advocate-kavutha.mutua@thelegalcaravan.org
