In June 2019, Shieys Chepkosgei was arrested in Eldoret, Kenya, and charged with impersonating a woman. During her detention, police and prison officials subjected Chepkosgei to a battery of unlawful and invasive tests and examinations, all while ruthlessly mocking her identity as a trans woman.
Chepkosgei refused to accept this abuse without fighting back. Upon her release, she filed a case against the police for violating her rights to dignity, privacy and equal protection under the Kenyan Constitution — arguing that being a trans person does not meet the legal definition of “impersonation,” which is indeed illegal in Kenya. Earlier this year, those rights were reclaimed — and justice was served.
In the High Court of Kenya at Eldoret, Justice Reuben Nyakundi ruled that Chepkosgei’s rights had been violated, awarding her both financial compensation and official recognition as a trans woman with the constitutional right to self-identify. Throughout his decision, he referred to Chepkosgei using her correct pronouns — arguably the first time a Kenyan judge had ever done so in a case involving a trans person.
“Who are we not to accept her?” Justice Nyakundi told the courtroom. Referring to Chepkosgei’s father’s support, he asked, “If her own family has accepted her, then who are we not to?”
For Kenya’s LGBTQI+ community, the ruling in Chepkosgei’s case was historic. Not only did a judge side with a trans woman and affirm her right to recognition and protection — but he did so with respect and empathy.
In a country plagued by laws that criminalize and discriminate against this community, a radical shift is taking place in Kenya’s social and legal treatment of LGBTQI+ people thanks, in large part, to the tireless work of AJWS grantees. After years of training, relationship-building and persistence from grassroots activists, norms are finally beginning to change.
A ruling like this “brings us a step closer” to genuine protections and equality for LGBTQI+ people in Kenya says Melody Njuki, a Communications Officer with AJWS partner Initiative for Equality and Non-Discrimination (INEND). “Though not as fast or as far as we want to be.” INEND, a lesbian-, bisexual- and queer-led organization, got its start running programs focused on “changing attitudes, hearts and minds on the human rights and realities of LGBTQI+ persons.” AJWS was INEND’s first funder.
Sensitization workshops for judges, judicial officers, attorneys and police officers run by INEND — and by AJWS partner the National Gay & Lesbian Human Rights Commission (NGLHRC) — are yielding exciting results.
INEND’s sensitization sessions are held across the country. Participants study real Kenyan cases, take pre- and post-tests to measure learning and engage in open and intimate discussions that often result in eye-opening realizations. In addition, INEND works with prosecutors in these regions to educate and sensitize the entire chain of access to justice. These relationships are crucial: if anyone identifying as LGBTQI+ appears in court, it’s imperative that all involved have the foundation necessary to issue a fair decision.
“The judges and magistrates have been seeing [queer issues], but they don’t understand them,” says Njuki. “They want to know. [In many cases], they have never met an out and proud person.”
NGLHRC, meanwhile, is a collective of queer human rights lawyers dedicated to securing equality through the law. “Ultimately, it boils down to using the law to make Kenya safer for queer folks like us,” says Masafu Okwara, Senior Programme Officer in Litigation and Strategy at NGLHRC.
The organization operates a public pro bono Legal Aid Clinic specifically for sexual and gender minorities, runs mobile legal aid clinics nationwide, takes on cases it refers to as “Public Impact Strategic Litigation Cases,” and hosts judicial dialogues, community legal education sessions and more. Its decade-long legal fight before the Supreme Court to have the organization’s full name legally registered helped pave the way for rulings like Chepkosgei’s. The Supreme Court’s landmark judgment in that case established that discrimination on the basis of sexual orientation is unconstitutional and that LGBTQI+ people are entitled to the same rights under the Kenyan constitution as everyone else.
“It’s really useful when we have judges who are aware of the need for rights and justice for queer people,” says Okwara.
Together, INEND and NGLHRC have been reshaping how Kenya’s courts understand sexuality and gender identity. “Absolutely. There is a visible trajectory in the shift of legal norms in Kenya,” says Okwara when asked if these recent rulings signify better things to come. Each training — indeed, each conversation — cultivates inclusivity, gradually tilting Kenya toward becoming a safer place for LGBTQI+ people.
Where do we go from here? Next on INEND and NGLHRC’s agenda is nothing short of the total decriminalization of homosexuality in Kenya. While the outlook is positive, much work remains. Kenya’s President William Ruto has explicitly spoken out against queer rights, and lawmakers have introduced a “Family Protection Bill.” Similar to Uganda’s Anti-Homosexuality Act, Kenya’s Family Protection Bill poses a massive threat to queer freedom. Okwara describes the bill as a “draconian, state-sanctioned assault on human rights that weaponizes morality…and erodes fundamental freedoms.”
Yet, “I am hopeful and certain that all legislation that has made life so difficult for so long [will be] repealed,” says Okwara. “Eventually, we will be able to live as meaningful citizens in our home.”
The court’s recognition of Shieys Chepkosgei’s dignity was not happenstance. It was the cumulative result of years of strategic advocacy and activism from AJWS partners like INEND and NGLHRC. The struggle continues, but these rulings are evidence of genuine progress.