Sexual Minorities’ Rights in Kenya, Malawi and Tanzania: Reality or Rhetoric?

Abstract

This paper critically examines the sexual rights of persons of sexual orientation and gender identity in Kenya, Malawi and Tanzania as protected under transnational instruments. The focus on the three countries is borne out of the countries’ common law background and their critical stake in the African project. Appraising the laws of the named countries on sexual minorities rights, particularly homosexuality and non-heterosexual union, the paper navigates the labyrinth of statutory architecture bearing on the freedom of human sexuality. Adopting the doctrinal research method, it discusses the evolution of human rights principles which have become the fulcrum for agitations for non-discrimination, freedom of expression and protection from violence in favor of sexual minorities. The paper acknowledges the push and progress made in this area of human rights contestation through domestic and international pressures and the stiff resistance to liberalization of sexual rights due to the socio-cultural inclinations of some African countries. It emphasizes the need for the countries to identify with the global push for recognition of sexual minorities’ rights as fundamental rights. The conclusion recommends amendments to domestic laws to align with international standards both in practice and theory.