LGBTQ rights in Kenya

Lesbian, gay, bisexual transgender and queer (LGBTQ) people in Kenya face significant challenges not experienced by non-LGBTQ residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices (termed "gross indecency") are a felony under Section 165 of the same statute, punishable by five years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.

Transgender people have historically suffered discrimination, and there are no statutory provisions relating to transgender rights. However, a landmark ruling by the High Court of Kenya in August 2025 found in favor of transgender rights, ruling that violations of certain rights of a specific transgender person, "including freedom from torture and cruel, inhuman or degrading treatment, equality and non-discrimination, dignity, freedom and security of the person, and privacy were unconstitutional." The court ordered the national parliament to implement "the enactment of the Transgender Protection Rights Act, or, in the alternative, the amendments of the Intersex Persons Bill 2024".

Kenyan society is highly conservative, and a large majority of people hold negative views of LGBT people. In 2023, Pew Research Center estimated that over 90% of Kenyans oppose same-sex marriage. Nevertheless, public support has slowly been growing and various organizations are working to protect and improve LGBTQ rights.