• They said a gender-based approach as used in the Sexual Offenses Act or the Penal Code would serve as a sharp lens for analysing causes of violence.
• They said such laws should pay particular attention to how such violence affects LGBTQ persons without diminishing the importance of protecting other affected groups.
Image: The Star
Lobby groups have asked the government to train detectives on how to handle crimes inflicted on members of the LGBTQ community.
The National Gay and Lesbian Human Rights Commission (NGLHRC) and Redress have made the recommendation in a report to the United Nations Committee against Torture (UNCAT).
The lobby groups say the absence of accountability on violence against LGBTQs in Kenya is due to a lack of gender-sensitive protocols for effective investigations of the cases.
“Specifically, the lack of appropriate training of state officials dealing with such investigations has led to this,” the report said.
They said that in most of these cases, the discriminatory aspect of violent acts is not always explored.
“A gender-based approach as used in the Sexual Offenses Act, the Penal Code or the Protection Against Domestic Violence act would serve as a sharp lens for analysing the root causes of violence and discrimination based on sexual orientation and gender identity and expression.”
Just last week, a 25-year-old Kenyan who identified as a lesbian was found murdered in her apartment in Karatina, Nyeri County.
Sheila Lumumba's body was found naked in a pool of blood by her friends in her house, three days after failing to report to work.
According to her family, an autopsy revealed that she had multiple stab wounds in the eyes and neck, had been strangled, had a broken leg and had also been gang-raped.
The brutal killing caused public outrage with members of the LGBTQ community speculating that she was targeted because of her sexual orientation.
So far, the police have not reported any progress in solving the murder as NGLHRC says that other acts of violence against LGBTQ persons are still rampant.
“Acts of violence perpetrated by State and non-state actors against LGBTQ persons in Kenya include arbitrary detention, sexual assault, physical assault, forced anal examinations, conversion therapy practices, extortion, and other forms of ill-treatment,” the lobbies said in their report.
They said that the Prevention of Torture Act, 2017 adequately criminalises torture for all purposes including discrimination of any kind.
“Article 4 of that act is particularly relevant to address violence against LGBTQ Kenyans on grounds of sexual orientation and gender identity,” they said.
In 2018, the Court of Appeal in Mombasa declared forced anal examination on men to check whether or not they were homosexual as unconstitutional.
The ruling said the examination violated principles of human dignity, anti-discrimination and security of the person.
“However, even though violence against LGBTQ persons will often satisfy the definition of torture, such acts are rarely prosecuted as such, and are often ignored or considered minor offences,” the lobby groups said.