The legal framework
Kenya retains provisions criminalising carnal knowledge against the order of nature, upheld by the High Court in 2019 in a decision under appeal. There is no marriage or civil union, and the Constitution of 2010 expressly limits marriage to persons of opposite sex. In 2023 the Supreme Court held that refusing to register an organisation because of its purpose breached the right to freedom of association.
Kenya sits between the two extremes of the region: criminal provisions inherited from the colonial period that are rarely enforced against consenting adults, and a judiciary willing to protect the right to organise. The 2023 judgment matters less for what it decided than for what it permits — the existence of organisations that can accompany someone through a problem.
Key points
| Marriage | Not available; the Constitution limits marriage to opposite-sex couples |
|---|---|
| Criminal law | Colonial-era provisions retained; 2019 High Court ruling under appeal |
| Right to organise | Confirmed by the Supreme Court in 2023 |
| Union alternative | None |
| Foreign marriage | Not recognised |
| Adoption | Not available to same-sex couples |
| Discrimination | No statutory protection |
In practice
- No union of any kind can be registered in the country.
- A marriage celebrated abroad has no effect here: no spousal visa, no inheritance, no say in hospital.
- The documents that protect a couple — will, power of attorney, nominations — must be made in the country of residence.
- Digital caution is a safety measure: messages, photographs and dating applications.
Cost and coverage
There is no union to register. Support organisations can now register, which makes legal referral easier than in neighbouring countries.
Recent changes
The Supreme Court held in 2023 that the refusal to register an organisation on account of its name and purpose was unconstitutional, and declined to revisit that decision on review.
Where to go
- Consulate of your country of nationality, for consular protection.
- Regional and international human rights organisations.
- Local lawyer, as soon as any proceedings begin.
Worth knowing
The 2023 Supreme Court ruling concerned association, not conduct or status: it allowed an organisation to register, and it provoked a political backlash rather than wider change.
Frequently asked questions
What did the Supreme Court decide in 2023?
That refusing to register a non-governmental organisation because of its name and its stated purpose breached the constitutional right to freedom of association. The court expressly distinguished that right from the criminal provisions, which it did not rule on.
Is a foreign marriage of any use?
No. The Constitution limits marriage to opposite-sex couples and a foreign union is not recognised for any purpose, including immigration. Protective documents must be made in the country of residence.
Official sources and links
- eCitizen — official government services portal