A parliamentary committee has urged the Ministry of Interior to enforce laws criminalising certain same-sex sexual acts. The recommendation, reported on Tuesday, November 10, 2026, has reignited debate over LGBTQ+ rights and constitutional protections.
The National Assembly Committee on Public Petitions, chaired by Runyenjes MP Muchangi Karemba, made the recommendation in a report to Parliament.
The report followed a petition by Nyali MP Mohamed Ali, representing religious leaders, organisations and other petitioners.
Three Penal Code Sections at the Centre
The committee wants the Interior Ministry to strictly enforce Sections 162, 163 and 165 of the Penal Code. Section 162 criminalises acts described as “carnal knowledge against the order of nature.” A conviction carries up to 14 years in prison.
Section 163 covers attempts to commit offences under Section 162. It provides for a maximum seven-year prison sentence.
Meanwhile, Section 165 criminalises certain acts of gross indecency between males. Convicted persons face up to five years in prison.
The committee maintains that the provisions remain valid. It argues that the Supreme Court’s ruling did not invalidate them.
Ministry and Committee Differ Over Court Ruling
The recommendation has exposed a disagreement between the committee and the Ministry of Interior. In its submission, the ministry argued that the Supreme Court had declared the provisions discriminatory and unconstitutional.
It maintained that government agencies remained bound by the judgment. However, the committee rejected that interpretation. It argued that the court protected freedom of association without invalidating the Penal Code provisions.
The Supreme Court case concerned the registration of the National Gay and Lesbian Human Rights Commission (NGLHRC). The court ruled that refusing registration based on sexual orientation violated constitutional protections.
The judgment upheld the organisation’s right to register. It did not legalise same-sex marriage or repeal the Penal Code sections.
Education and Family Protection Bill
The committee also recommended that the Kenya Institute of Curriculum Development ensure school materials reflect Article 45(2) of the Constitution.
It reported finding no approved school curriculum containing LGBTQ+ content. The petition also sought consideration of the proposed Family Protection Bill. However, the committee said the proposal’s progress fell under the House Business Committee and its sponsor.
Report Awaits Parliamentary Debate
Human rights organisations raised concerns during the committee’s inquiry. They argued that the recommendations threatened constitutional rights and freedoms.
The report has been tabled but remains unadopted by the full National Assembly. Its recommendations therefore do not amount to new legislation or an adopted parliamentary order.
The debate now centres on the relationship between existing criminal provisions, constitutional rights and judicial decisions.
