Women
Rape and Domestic Violence: The law criminalizes rape of all persons, defilement (statutory rape), domestic violence, and sex tourism, but enforcement remained limited. The law’s definition of domestic violence includes sexual violence within marriage, early and forced marriage, FGM/C, forced wife “inheritance,” damage to property, defilement, economic abuse, emotional or psychological abuse, harassment, incest, intimidation, physical abuse, stalking, verbal abuse, or any other conduct against a person that harms or may cause imminent harm to the safety, health, or well-being of the person. The law does not explicitly criminalize spousal rape. Insulting the modesty of another person by intruding upon that person’s privacy or stripping them of clothing are criminal offenses punishable by imprisonment for up to 20 years.
The law provides a maximum penalty of life imprisonment for rape when the survivor is older than 18, although sentences were at the discretion of the judge and usually no longer than the minimum of 10 years (see section 6, Children). According to human rights groups, the government often did not enforce the law effectively, especially in poor or rural areas. Citizens frequently used traditional dispute-resolution mechanisms, including maslaha in Muslim communities, to address sexual offenses in rural areas, with village elders assessing financial compensation for the survivors or their families. They also used such mechanisms occasionally in urban areas. A lack of coordination between government agencies and ineffective implementation of the law often left victims of sexual assault without recourse or in direct contact with the perpetrator.
The NGO FIDA reported arrests and prosecutions of sexual violence cases remained low, even in cases in which survivors identified perpetrators, due to limited police resources to conduct investigations, insufficient evidence collection and handling mechanisms, and lengthy court proceedings, which made it difficult and expensive for survivors to pursue cases. During the general election period, FIDA noted an increase in gender-based violence targeting women running for political office. In November, FIDA released its report on election-related sexual and gender-based violence documenting 1,746 incidents between April and September, dominated by verbal abuse and hate speech (54 percent) and cyber bullying (23 percent). The report also documented cases of sexual assault, harassment, attempted rape, and other violent incidents.
Although police no longer required physicians to examine survivors, physicians still had to complete official forms reporting rape. Rural areas generally had no police physician, and Nairobi had only three. NGOs reported police stations often but inconsistently accepted the examination report of clinical physicians who initially treated rape survivors. In April, the government launched the Nanyuki “Policare” center to handle gender-based violence cases in the region under a one-stop shop approach combining forensic experts, medics, counsellors, and judiciary. Police also launched an updated Integrated Response to Gender–Based Violence document, which standardized procedures and standards of care in these cases.
Authorities cited domestic violence as the leading cause of preventable, nonaccidental death for women. Except in cases of death, police officers generally refrained from investigating domestic violence, which they considered a private family matter.
Female Genital Mutilation/Cutting (FGM/C): The law makes it illegal to practice FGM/C, procure the services of someone who practices FGM/C, or send a person out of the country to undergo the procedure. The law also makes it illegal to make derogatory remarks concerning a woman who has not undergone FGM/C. Government officials often participated in public-awareness programs to prevent the practice. Nevertheless, individuals practiced FGM/C widely, particularly in some rural areas. According to UNICEF, despite the legal prohibition of FGM/C and progress made by the government in eliminating the practice, myths supporting the practice remained deeply rooted in some local cultures. UNICEF estimated 21 percent of adult women ages 15 to 49 had undergone the procedure some time in their lives, but the practice was heavily concentrated in a few communities, including the Maasai (78 percent), Samburu (86 percent), and Somali (94 percent).
As part of the government’s initiative to end FGM/C by the end of the year, the Ministry of Public Service, Gender, Senior Citizens Affairs, and Special Programs continued work with county officials and nonstate actors to improve enforcement of the FGM/C law. This included education and advocacy efforts as well as prosecutions of those violating the law. Media reported arrests of perpetrators and parents who agreed to FGM/C, but parents in regions with a high prevalence of FGM/C frequently bribed police to allow the practice to continue. There were also reports FGM/C increasingly occurred in secret to avoid prosecution. County officials in areas with a high prevalence of FGM/C noted many cases targeted infants, with one recent government study finding an estimated 61 percent of girls younger than five in one county had undergone the procedure.
Other Forms of Gender-based Violence: Certain communities practiced wife inheritance, in which a man inherits the widow of his brother or other close relative, regardless of her wishes. The practice was more likely in cases of poor women with limited access to education and living outside of major cities.
Sexual Harassment: The law prohibits sexual harassment and prescribes prison time of at least three years or a fine of at least 100,000 Kenyan shillings ($854) or both for anyone found guilty of committing such crimes. Authorities rarely enforced the law, because sexual harassment was often not reported, and survivors rarely filed charges.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. See the Female Genital Mutilation/Cutting (FGM/C) subsection for additional information.
Barriers to sexual and reproductive health access included the prohibitive cost of contraception for poor persons, limited availability of information and services, and cultural and religious norms in some areas that discouraged the use of modern contraceptives and gave men decision-making authority over women. Subsidized contraception options, including condoms, birth control pills, and long acting or permanent methods, were available to both men and women, although access was more difficult in rural areas. Emergency contraception is available in both public and private facilities. Occasional lack of supply in public facilities limited access. NGOs reported that it was more difficult for marginalized groups, including LGBTQI+ persons, women with disabilities, displaced persons, and persons with HIV, to access reproductive health information and services.
A 2019 study by the Guttmacher Institute found that more than half of sexually active adolescent women between the ages of 15 and 19 who did not want to become pregnant had an unmet need for modern contraception and that almost two-thirds of pregnancies among this age group were unintended. The adolescent birth rate was 96 per 1,000 girls between the ages of 15 and 19, according to the UN Population Fund (UNFPA). Access to sexual and reproductive health information by adolescents remained a problem due to lack of comprehensive sexuality education in schools, low coverage of youth-friendly services, and a lack of adequate stocks of contraceptives in public hospitals.
Skilled obstetric, prenatal, and postpartum care was available in major hospitals, but many women could not access or afford these services. Skilled health-care personnel attended an estimated 62 percent of births, according to the 2014 Kenya Demographic Health Survey. The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was available in public and private facilities in line with national guidelines.
Maternity services were free of charge in all public health institutions in the country. The government’s Linda Mama program, a free health insurance plan that covers the pregnancy period and up to three months postdelivery, targeted women in rural and low-income areas and continued to operate during the year. There were no documented barriers for survivors of sexual violence who became pregnant. Survivors, however, faced barriers due to the lack of awareness of where to access services and care.
Maternal deaths accounted for 51 percent of all deaths of women between the ages of 15 and 49, and the maternal mortality rate was 342 per 100,000 live births, according to the World Health Organization. Unsafe abortion, complications during pregnancy and childbirth, poor quality of care, limited access to health services, and harmful practices referenced below were cited as among the main causes of maternal death and morbidity. UNFPA reported that maternal mortality in Mandera County was 3,795 deaths per 100,000 live births – the highest in the country – partially due to harmful practices such as FGM/C and limited access to health services. In 2019, the High Court ruled that the director of medical services and the Ministry of Health had violated the rights of the country’s women by arbitrarily withdrawing standards and guidelines on reducing morbidity and mortality from unsafe abortions.
The law provides pregnant girls the right to continue their education until and after giving birth, but NGOs reported schools often did not respect this right (see section 6). Human rights organizations reported teenage pregnancy often led girls to drop out of school without a safety net or plan for continued education after giving birth.
Discrimination: The constitution provides equal rights for men and women and specifically prohibits discrimination on the grounds of race, pregnancy, marital status, health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language, or birth. Nevertheless, the justice system widely applied customary laws that discriminated against women, limiting their political and economic rights.
The constitution prohibits gender discrimination in relation to land and property ownership and gives women equal rights to inheritance and access to land. The constitution also provides for the enactment of legislation for the protection of wives’ rights to matrimonial property during and upon the termination of a marriage, and it affirms parties to a marriage are entitled to equal rights at the time of marriage, during the marriage, and at its dissolution. In September 2021, a judge presiding over a matrimonial property dispute ruled being a housewife should be considered a full-time job. The judge ruled it was unfair for courts to rule that housewives do not contribute to household financial wellbeing. According to civil society groups, women continued to face institutional and legal barriers that hindered their access to justice and a fair share of matrimonial property upon the dissolution of marriage. Additionally, the components of the law that stipulate how to apply for succession were not well known, and thus many inheritances continued to pass from fathers to sons only.
The government did not always effectively enforce the law. Human rights organizations reported women frequently faced barriers to accessing equal rights in traditional, rural, and poor areas. Activists reported women members of specific groups, including persons with disabilities, LGBTQI+ persons, and Muslims experienced discrimination based on male-dominated social norms.
Systemic Racial or Ethnic Violence and Discrimination
Although the constitution declares the state shall not discriminate against any person based on race, societal discrimination against persons of different racial and ethnic groups was common. Enforcement of laws prohibiting discrimination was inadequate, according to human rights groups. The 2019 census recognized 45 ethnic groups in the country; none were a majority. The Kikuyu and related groups dominated much of private commerce and industry and often purchased land outside their traditional home areas, which sometimes resulted in fierce resentment from other ethnic groups, especially in the coastal and Rift Valley areas. Competition for water and pasture was especially serious in the north and northeast.
There was frequent conflict, including banditry, fights over land, and cattle rustling, among the Somali, Turkana, Gabbra, Borana, Samburu, Rendille, and Pokot ethnic groups in the arid northern, eastern, and Rift Valley areas that at times resulted in deaths. Disputes regarding county borders were also a source of ethnic tensions. Banditry-related violence in parts of the Rift Valley, especially in Kerio Valley, rose during the year.
The International Crisis Group reported at least 35 persons died, and dozens of homes were burned in western Laikipia County between September 2021 and July in violent clashes between armed cattle herders and farmers, ranchers, and conservancies. A two-year drought forced pastoralists to trespass on privately run nature conservancies in search of water and grazing land for their livestock. Government forces deployed to the region to quell the violence, but the situation continued to be tense.
Ethnic differences also caused several discriminatory employment practices (see section 7.d.).
Children
Birth Registration: A child derives citizenship from the citizenship of the parents, and either parent may transmit citizenship. Birth in the country’s territory does not convey citizenship. Birth registration is compulsory. Lack of an official birth certificate resulted in denial of services such as health services, voting, banking, and mobile phone services. The Department of Civil Registration Services implemented the Maternal Child Health Registration Strategy, which requires nurses administering immunizations to register the births of unregistered children.
Education: By law, education is tuition-free and compulsory until age 18, although public schools may impose fees for boarding, uniforms, and other expenses. The law also allows schools to charge tuition and other fees for children who are noncitizens of the country. Authorities did not enforce the mandatory attendance law uniformly. Children with disabilities were less likely to attend school. There were media reports that boarding school administrators sometimes expelled LGBTQI+ students.
While the law provides pregnant girls the right to continue their education until and after giving birth, NGOs reported schools did not always respect this right (see section 6, Women – Reproductive Rights). School administrators sometimes expelled pregnant girls or transferred them to other schools. In recent years media outlets reported a significant number of girls failed to take their final secondary school examinations due to pregnancy.
Child Abuse: The law criminalizes several forms of violence that affect children, including early and child marriage (see section 6, Child, Early, and Forced Marriage), FGM/C, incest, and physical, verbal, and sexual abuse. Violence against children, particularly in poor and rural communities, was common, and child abuse, including sexual abuse, occurred frequently. A recent Ministry of Labour report found nearly half of girls and more than half of boys experienced childhood violence. The study found emotional violence was also common.
Child abuse cases were difficult to prosecute. According to the ODPP, cases were often dropped because the perpetrators were close family members who denied the allegations or prevented the child from appearing or speaking in court. Many cases went unreported, especially those involving incest, defilement (statutory rape), and rape. Prosecutors continued to request alternative homes for children involved in abuse cases, but lack of funding was often prohibitive. During the year, ODPP and the Children’s Division held 10 training sessions for 320 prosecutors to develop skills for interviewing vulnerable witnesses and survivors of gender-based violence, including children, as well as on the new Children’s Act 2022.
According to IPOA, most police facilities did not have designated child protection units, and police usually requested the Department of Children Services to take custody of child survivors. Although all the police facilities that IPOA inspected during the year had at least one officer designated to handle children’s cases, only some of the officers had received training on handling these cases, and the police stations did not have sufficient resources to process the large number of cases involving child survivors. IPOA found the shortage of designated child protective units made it difficult for officers to record statements from child survivors due to the lack of privacy. According to IPOA, police also reported difficulties investigating cases such as child rape, since some communities defended the perpetrators and preferred to settle cases through traditional mechanisms.
The minimum sentence for conviction of statutory rape is life imprisonment if the survivor is younger than age 11; 20 years in prison if the survivor is between ages 11 and 15; and 10 years’ imprisonment if the survivor is age 16 or 17. Although exact numbers were unavailable, during the year media reported several statutory rape convictions.
In May, the Ministry of Health reported that 9,484 children ages 12-17 were defiled in 2021, including by men infected with sexually transmitted diseases such as HIV.
The government banned corporal punishment in schools, but there were reports corporal punishment occurred.
Although there were no reports the government recruited child soldiers, there were reports the al-Shabaab terrorist group recruited children in areas bordering Somalia.
Child, Early, and Forced Marriage: The minimum age for marriage is 18 years for women and men. According to UNICEF, 25 percent of girls were married by age 18. Media occasionally highlighted the problem of early and forced marriage common among some ethnic groups.
Sexual Exploitation of Children: The law criminalizes sexual exploitation of children, including prohibiting procurement of a child younger than age 18 for unlawful sexual relations. The law also prohibits internal and transnational trafficking or the recruitment, harboring, transportation, transfer, or receipt of children up to age 18 to produce pornography or for pornographic performances. Provisions apply equally to girls and boys. The law has provisions regarding child trafficking, child sex tourism, child sexual exploitation, and child pornography. The minimum age for consensual sex is 18. Nevertheless, according to human rights organizations, children were sexually exploited and victims of trafficking. Authorities did enforce laws against child pornography, but implementation was not always effective.
The DCI maintained its Anti-Human Trafficking and Child Protection Unit, which is responsible for investigating cases of child sexual exploitation and abuse, providing guidance to police officers across the country on cases involving children, and liaising with the Ministry of Labour’s Department of Children Services to identify and protect abused children.
Displaced Children: Poverty and the spread of HIV continued to intensify the problem of child homelessness. Street children faced harassment and physical and sexual abuse from police and others, as well as from within the juvenile justice system (see section 1.c.). The government operated programs to place street children in shelters and assisted NGOs in providing education, skills training, counseling, legal advice, and medical care to street children whom the commercial sex industry abused and exploited. According to UNHCR, 52 percent of refugees were younger than age 18 (see section 2.d.).
Children continued to face protection risks in urban areas, particularly unaccompanied and separated children. Alternative care arrangements, such as foster care placement, were in place for a limited number of children. Additionally, government child protection services and the children’s department often stepped in to provide protection to children at risk, particularly unaccompanied children.
The country had only four orphanages that accept children living with HIV and AIDS. The oldest of the four, Nyumbani Children’s Home in Nairobi, received numerous complaints of physical, mental, and sexual abuse of its children. Children not accepted into one of the four orphanages were often shunned by their communities and sometimes came into conflict with the criminal justice system, became homeless, or were vulnerable to trafficking.
Antisemitism
The Jewish community was small, and there were no reports of antisemitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics
Criminalization: The penal code criminalizes “carnal knowledge against the order of nature,” which was interpreted to prohibit consensual same-sex sexual conduct and specifies a maximum penalty of 14 years’ imprisonment if convicted, and seven years for “attempting” said conduct. The law also criminalizes acts of “gross indecency” between men, whether in public or in private, with five years’ imprisonment. Police detained persons under these laws, particularly persons suspected of prostitution, but released them shortly afterward.
LGBTQI+ organizations reported police more frequently used general public-order laws (for example, disturbing the peace) to arrest or harass LGBTQI+ individuals. NGOs reported police frequently harassed, intimidated, or physically abused LGBTQI+ individuals in custody. They also reported police threatened gay men while in custody with forced anal examinations, which were outlawed in 2018.
Violence against LGBTQI+ Individuals: Nonstate actor violence and discrimination against LGBTQI+ individuals were widespread. In April, Sheila Adhiambo Lumumba, a nonbinary member of the LGBTQI+ community, was found dead at home after being raped, stabbed, and beaten. LGBTQI+ activists alleged the attack was due in part because Lumumba identified as a nonbinary lesbian and rejected the perpetrator’s sexual advances. Following an investigation, police arrested and charged a suspect in Lumumba’s killing but there was no date for the trial at year’s end. In May, media reported on the rape and killing of an intersex person in Trans-Nzoia County. Police had not charged anyone with these crimes at year’s end.
Discrimination: The constitution does not explicitly protect LGBTQI+ persons from discrimination based on sexual orientation, gender identity or expression, or sex characteristics, nor does it recognize LGBTQ+ individuals, couples, or their families (see next section for information on recognition of intersex persons). The law does not specifically recognize the rights of LGBTQ+ persons within the areas of housing, employment, education, or healthcare. Although the country granted refugee status to persons who are persecuted due to sexual orientation or gender expression, some LGBTQI+ refugees continued to face stigma and discrimination, as well as delays in processing their asylum applications. They were often compelled to hide their sexual orientation or gender identity to protect themselves, especially among Somali refugee communities in Dadaab. National organizations working with LGBTQI+ persons offered support to refugees who were LGBTQI+, including access to safety networks and specialized health facilities.
There were approximately 1,000 LGBTQI+ refugees in the country, including approximately 300 in Kakuma, where there were some reports of community violence and intimidation against LGBTQI+ refugees during the year. UNHCR and NGO partners provided medical and other assistance for LGBTQI+ refugees when necessary, but legal accountability for perpetrators was lacking overall.
Availability of Legal Gender Recognition: New legislation enshrined the rights of intersex persons to formally identify “intersex” or “I” as the third gender. The law only allows intersex persons identified as male or female at birth to request a change to “I.” While the law recognized biologically different persons, it did not cover or normalize gender-nonconformity or nonbinary designations associated with LGBTQI+ persons.
Involuntary or Coercive Medical or Psychological Practices Specifically Targeting LGBTQI+ Individuals: LGBTQI+ rights organizations reported an increase in so-called conversion therapy and “corrective rape” practices, including forced marriages, exorcisms, physical violence, psychological violence, or detainment. It attributed this increase to the fact many LGBTQI+ persons had returned to hostile home and community environments after losing their jobs because of the economic downturn caused by the COVID-19 pandemic. According to the KNCHR, infants and children born with physical sex characteristics that did not align with either a typical male or female body were subjected to harmful medical practices for years in attempt to “normalize” them. After years of advocacy by the intersex community, during the year the country amended the Children’s Rights Act protecting children from unnecessary harmful genital surgeries.
Restrictions of Freedom of Expression, Association, or Peaceful Assembly: Authorities permitted LGBTQI+ advocacy organizations to register and conduct activities. In July, however, police arrested four activists in Malindi while they held a lawful assembly regarding problems affecting the LGBTQI+ community in the coastal region of the country. Defenders Coalition alleged police were systematically harassing and intimidating the sexual- and gender-identity activists. Police reportedly detained the activists and released them on condition they disperse.
Authorities restricted freedom of expression. In February, the KFCB banned the Indian film Badhaai Do, alleging it would promote the notion that same-sex marriage was acceptable. The board claimed the film violated the penal code, which outlaws homosexuality, as well as provisions of the Films and Stage Plays Act (see also section 2.a., Censorship or Content Restrictions for Members of the Press and Other Media, Including Online Media).
Persons with Disabilities
Persons with disabilities could not access education, health services, public buildings, and transportation on an equal basis with others. The general election during the year highlighted the challenges persons with disabilities faced at polling stations. The law prohibits discrimination against persons with disabilities, but the government did not effectively enforce these provisions. Several laws limit the rights of persons with disabilities. For example, the Marriage Act limits the rights of persons with mental disabilities to marry, and the Law of Succession limits the rights of persons with disabilities to inheritance. The constitution provides for legal representation of persons with disabilities in legislative and appointive bodies.
The Ministry for Devolution and Planning is the lead ministry for implementation of the law to protect persons with disabilities. The quasi-independent but government-funded parastatal National Council for Persons with Disabilities assisted the ministry. Neither entity received sufficient resources to address effectively problems related to persons with disabilities.
The constitution states every person has the right to education, yet NGOs reported persons with disabilities had limited opportunities to obtain education and job training at any level due to lack of accessibility of facilities and resistance by school officials and parents to devoting resources to students with disabilities. Obtaining employment was also difficult. According to an official at the Ministry of Education, securing funding for children with disabilities was difficult because local society often failed to see the value of children with disabilities and thus allocated funds elsewhere.
Persons with disabilities faced significant barriers to accessing health care. They had difficulty obtaining contraceptive services and HIV testing due to the perception they should not engage in sexual activity. According to the NGO Humanity & Inclusion, 36 percent of persons with disabilities reported facing difficulties in accessing health services; cost, distance to a health facility, and physical barriers were the main reasons cited.
The law provides that persons with disabilities should have access to public buildings, and some buildings in major cities had wheelchair ramps and modified elevators and restrooms. The government did not enforce the law, however, and new construction often did not include specific accommodations for persons with disabilities. Government buildings in rural areas generally were not accessible to persons with disabilities. According to NGOs, police stations remained largely inaccessible to persons with mobility and other physical disabilities. Most common forms of public transportation, all of which were privately operated, were difficult for persons with physical disabilities to use due accessibility challenges and crowding.
There were media reports of children with disabilities trafficked from Tanzania to work as beggars in Kenya.
Few facilities provided interpreters or other accommodations to persons with hearing disabilities. The government assigned each region a sign language interpreter for court proceedings. Authorities often delayed or adjourned cases involving persons who had hearing disabilities due to a lack of standby interpreters, according to NGO reports.
According to a report by a coalition of disability advocate groups, persons with disabilities often did not receive the procedural or other accommodations they needed to participate equally in criminal justice processes as victims of crime.
During the general election, observers noted that persons with disabilities were disadvantaged at the polls. Some polling stations were inaccessible to persons with mobility problems, while others lacked staff to assist persons with visual or hearing impairments, which led to violations of privacy for some voters.
Other Societal Violence or Discrimination
The government, along with international and NGO partners, made progress in creating an enabling environment to combat the social stigma of HIV and AIDS and to address the gap in access to HIV information and services. The government and NGOs expanded their staffing support at county levels for counseling and testing centers to ensure provision of free HIV and AIDS diagnosis. The government continued including diverse populations in provision of HIV services through 47 mobile clinics and medical camp safaris across the country. The government also supported programs to ensure nondiscrimination and undertook a community-led stigma index study.
Stigma nonetheless continued to hinder efforts to educate the public regarding HIV and AIDS and to provide testing and treatment services. The government continued to support the HIV and AIDS Tribunal to handle all legal matters related to stigma and discrimination. The tribunal, however, lacked sufficient funding to carry out its mandate across all 47 counties and thus still functioned only out of Nairobi.
Persons with albinism were historically targets of discrimination and human rights abuses. Human rights groups successfully lobbied to include a question on albinism in the 2019 national census, the first time that persons with albinism were counted.
Mob violence and vigilante action were common in areas where the populace lacked confidence in the criminal justice system. The social acceptability of mob violence also provided cover for acts of personal vengeance. For example, during the year HAKI reported civilian mobs killed 16 persons in the six coastal counties. Police frequently failed to act to stop mob violence.
Landowners formed groups in some parts of the country to protect their interests from rival groups or thieves. Reports indicated politicians often funded these groups or provided them with weapons, particularly around election periods.