Kenya

The Republic of Kenya is situated on the equator and on Africa’s east coast with the Great Rift Valley running through the country. After the Mau Mau insurgency of the 1950s, Kenya gained independence from Britain in 1963.¹“Kenya Country Profile”, BBC, accessed August 2025 https://www.bbc.com/news/world-africa-13681341 The population of approximately 58 million²“Kenya Population”, Worldometer, accessed October 2025 https://www.worldometers.info/world-population/kenya-population/ is largely Christian (85.5%), with a large Muslim minority (10.9%). Other religious minorities make up the remainder of the population.

According to the National Population Census of 2019 released by the Kenya National Bureau of Statistics (KNBS), 755,000 people identified as atheist or having no religion.³2019 Kenya Population and Housing Census, Volume IV: Distribution of Population by
Socio-Economic Characteristics, accessed August 2025 https://www.knbs.or.ke/wp-content/uploads/2023/09/2019-Kenya-population-and-Housing-Census-Volume-4-Distribution-of-Population-by-Socio-Economic-Characteristics.pdf The country is ethnically diverse, but issues linked to ethnicity have historically been a source of political conflict.

Kenya is a member of the East African Community (EAC) and home to more than 629,000 refugees, the majority of whom come from neighbouring Somalia and South Sudan.⁴“Refugees and asylum seekers in Kenya”, Operation Data Portal, UNHCR, accessed August 2025 https://data.unhcr.org/en/country/ken

Constitution and government

In 2010, Kenya adopted a new Constitution⁵The Constitution of Kenya https://www.parliament.go.ke/sites/default/files/2017-05/The_Constitution_of_Kenya_2010.pdf that declares that there is no state religion and the state shall be religiously neutral. The Constitution protects the rights to freedom of expression, freedom of the media, freedom of association and assembly, and freedom of conscience, religion, thought, belief and opinion. Key provisions of the Constitution include:

The Right to Freedom of Religion (Article 32): In Article 32, it is declared that every person has the right to freedom of conscience, religion, thought, belief, and opinion. This includes the right to manifest any religion or belief through worship, practice, teaching, or observance, either individually or in community with others.

Non-Discrimination (Article 27): The Constitution prohibits discrimination based on religion in Article 27, ensuring that individuals cannot be denied access to institutions, employment, or facilities due to their beliefs.

No State Religion (Article 8): There is no state religion in Kenya as outlined in Article 8, which further supports the pluralistic nature of the society.

Although Kenya’s Constitution declares there is no state religion, its Preamble refers to the “supremacy of the Almighty God.” It also establishes Kadhi’s Courts with jurisdiction over limited matters of Islamic personal law, and requires that Kadhi’s Court officials be persons who profess the Muslim faith.

President William Ruto, who was sworn in as Kenya’s new President in 2022, is widely considered to be the country’s first evangelical Christian President. Since his appointment in 2022, there has been growing concern that the secular nature of the Kenyan state is at risk.⁶Mutua Mutuku, “ Church is for the pulpit; Kenya is a secular state”, Daily Nation, 29 September 2022 https://nation.africa/kenya/blogs-opinion/blogs/church-is-for-the-pulpit-kenya-is-a-secular-state-3967358; Githieya Kimari, “ Kenya’s a secular state; we must separate religion, state affairs”, The Standard, 25 October 2022 https://www.standardmedia.co.ke/article/2001458948/kenyas-a-secular-state-we-must-separate-religion-state-affairs During his 2022 election campaign, President Ruto signed a Memorandum of Understanding (MoU) with evangelical churches agreeing “to protect the church.” The MoU included government funding for pastors, allocation of land to churches, the appointment of clergy to government roles, and the lifting of a moratorium on the registration of new churches – which had formerly been put in place to curb growing radicalization and commercialization.⁷Silas Apollo, “Are evangelicals capturing state?”, Daily Nation, 24 September 2022 https://nation.africa/kenya/news/-are-evangelicals-capturing-state–3960040;
Caroline Kimeu, “‘Our biggest challenge is simply to exist’: atheist society fights for legal recognition in God-fearing Kenya”, The Guardian, 28 July 2023 https://www.theguardian.com/global-development/2023/jul/28/our-biggest-challenge-is-simply-to-exist-atheist-society-fights-for-legal-recognition-in-god-fearing-kenya

President Ruto and the First Lady are reported to have a chapel in one of their suburban homes. First lady, Rachel Ruto, has publicly declared that she will work with religious groups to protect “family values” and lead national prayers against homosexuality. She has also created a “Faith Diplomacy Office” to spread a “praying culture” across the country.⁸“Kenyan first lady declares prayers against homosexuality”, Voice of Nigeria, 6 March 2023 https://von.gov.ng/kenyan-first-lady-declares-prayers-against-homosexuality/;
Juma Majanga, “Kenya’s LGBTQ Ruling Stirs Debate”, Voice of America, 12 March 2023 https://www.voaafrica.com/a/kenya-lgbtq-ruling-stirs-debate/6998166.html

Registration of religious groups

Kenya’s Societies Act (1968)⁹Societies Act, CAP. 108, Assented to on 6 February 1968, last amended 3 July 2017 https://new.kenyalaw.org/akn/ke/act/1968/4/eng@2022-12-31 requires religious groups, institutions or places of worship, and faith-based non- governmental organizations (NGOs) that are constituted as “societies”, to apply for registration or exemption with the Registrar of Societies – a department under the Office of the Attorney General. Unregistered societies are considered unlawful and are not permitted to operate. However, in practice this is often inconsistently enforced. Indigenous and traditional religious groups are not required to register.

Leaders of new religious groups are required to hold a diploma or degree from a recognized religious institution as well as a sworn affidavit that shows whether they are registered members or officers of other religious societies. The obligation has been criticized by the Hindu Council of Kenya on the basis that the Hindu faith does not recognize, or require, any specific religious certification for Hindu priests.¹⁰ “Kenya” chapter in 2023 Report on International Religious Freedom (U.S. Department of State, 2024) https://www.state.gov/reports/2023-report-on-international-religious-freedom/kenya/ ; Arnold Neliba, “KENYA: Government Issues New Strict Directives on Opening a New Church”, CISA News Africa, 15 July 2022, https://cisanewsafrica.com/2022/07/kenya-government-issues-new-strict-directives-on-opening-a-new-church/

Registered religious institutions and places of worship are not required to pay tax on tithes, offerings, and donations as they are not considered as income under the Income Tax Act of 1974.¹¹ Kenya Revenue Authority, Income Tax Act, Chapter 470, Assented to on 21 December 1973 https://policyvault.africa/policy/income-tax-act-1974/ Non-governmental organizations are also required to register with the NGO Coordination Board.¹² “Kenya” chapter in 2023 Report on International Religious Freedom (U.S. Department of State, 2024) https://www.state.gov/reports/2023-report-on-international-religious-freedom/kenya/

Registration of non-religious groups

In 2016, Humanists International’s member organization – the Atheists in Kenya Society (AIK) – became the first non-religious society to be registered under the Societies Act after initially being rejected.¹³ “Atheists in Kenya must be officially recognised”, Humanists International, 29 February 2016 https://humanists.international/2016/02/atheists-in-kenya-must-be-officially-recognised/ However, only two months later, the group’s registration was suspended after complaints from religious groups.¹⁴Ramadhan Rajab, “Religious leaders demand deregistration of Atheists society” The Star, 20 January 2019 https://www.the-star.co.ke/news/africa/2016-04-29-religious-leaders-demand-deregistration-of-atheists-society The organization’s founder and President, Harrison Mumia, challenged the suspension at the High Court, succeeding in the reinstatement of the society’s status in 2018.¹⁵Republic of Kenya in the High Court of Kenya at Nairobi, Constitutional and Human Rights Division, Petition No. 308 of 2016 https://kenyalaw.org/caselaw/cases/view/147307 According to the Judge’s ruling, non-religious beliefs are offered equal protection under the law:

“In my view, it is a matter of conscience for any person to decide whether to believe in anything or be religious for if it was not the case, it will translate into people being compelled to believe in or practice what is actually against their conscience. The right of atheist (sic) should thus be protected under Article 32 […] it would be unconstitutional to impose a belief in any person if that person does not endorse as this amounts to theocratic tyranny which our constitution does [not] support as is made clear in Article 8 which provides that “there shall be no state religion” and Article 32 (4) which states that “A person shall not be compelled to act, or engage in any act, that is contrary to the person’s believe (sic) or religion.”¹⁶Ndicho v Registrar of Societies & 3 others, Constitutional and Human Rights Division, Petition E447 of 2022, Judgement, 5 December 2024
https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/15298/eng%402024-12-05

In 2022, former Member of Parliament (MP) Bishop Stephen Ndichu, a known Christian fundamentalist, petitioned the High Court in another attempt to revoke the organization’s registration.¹⁷“Drop petition to revoke Atheists in Kenya Society’s registration”, Humanists International, 29 September 2022 https://humanists.international/2022/09/drop-petition-to-revoke-atheists-in-kenya-societys-registration/;
Caroline Kimeu, “‘Our biggest challenge is simply to exist’: atheist society fights for legal recognition in God-fearing Kenya”, The Guardian, 28 July 2023 https://www.theguardian.com/global-development/2023/jul/28/our-biggest-challenge-is-simply-to-exist-atheist-society-fights-for-legal-recognition-in-god-fearing-kenya The Bishop claimed that the registration, and continued operation of the organization, violated the Kenyan Constitution which acknowledges “the supremacy of the Almighty God of all Creation”. The petition was dismissed by the High Court in 2024. The judge opined that holding non-theistic or atheistic views is protected under Articles 8 and 32(4) of the Constitution, and that the petition was therefore without merit.¹⁸“Kenya: court ruling a boost for secularism in the country”, Humanists International, 6 December 2024 https://humanists.international/2024/12/kenya-court-ruling-a-boost-for-secularism-in-the-country/

The petition challenging the registration of AIK came following their public criticism of religious activity in government. In June 2022, AIK expressed concern about the Chief Justice’s participation in the National Prayer Breakfast and, shortly after President William Ruto’s inauguration in September 2022, AIK issued a statement condemning First Lady Rachel Ruto’s hosting of religious leaders at State House – the official residence of the President.¹⁹“CJ Martha Koome’s speech at the 19th National Prayer Breakfast”, Office of the Chief Justice & president of the Supreme Court of Kenya, 6 June 2022 https://ocj.judiciary.go.ke/cj-martha-koomes-speech-at-the-19th-national-prayer-breakfast/; Caroline Kimeu, “‘Our biggest challenge is simply to exist’: atheist society fights for legal recognition in God-fearing Kenya”, The Guardian, 28 July 2023 https://www.theguardian.com/global-development/2023/jul/28/our-biggest-challenge-is-simply-to-exist-atheist-society-fights-for-legal-recognition-in-god-fearing-kenya

Shakahola Forest Massacre

In 2023, 429 bodies were discovered in mass graves in Shakahola forest, Malindi. The deaths were discovered to be part of a religious cult led by self-proclaimed Pastor, Paul Mackenzie, who encouraged his followers to prepare for the end of the world by starving themselves and their children. Most of the bodies showed signs of both starvation and assault. In 2024, Mackenzie and 29 of his associates were charged with the murder of 191 children. Mackenzie also faces multiple counts of manslaughter and charges of child abuse and terrorism.²⁰David McKenzie and Bethlehem Feleke, “How faith turned deadly for Kenyan cult followers who chose starvation as path to salvation”, CNN, 19 June 2023 https://edition.cnn.com/2023/06/19/africa/kenya-starvation-cult-explained-intl-cmd/index.html ;
Irungu Houghton, “Unraveling the complexity of the Shakahola Massacre”, Amnesty Kenya, 2 April 2024 https://www.amnestykenya.org/unraveling-the-complexity-of-the-shakahola-massacre/ ;
Robert Kiptoo & Newton Ndebu, “Kenya starvation cult leader pleads not guilty”, BBC, 12 August 2024 https://www.bbc.com/news/articles/cy84xxd5n08o;
“Kenyan church cult massacre that killed hundreds haunts survivors”, Voice of America, 22 September 2024 https://www.voanews.com/a/kenyan-church-cult-massacre-that-killed-hundreds-haunts-survivors/7791589.html At the time of writing, nine further bodies have been discovered in fresh graves, raising fears that the cult may still be active.²¹Anita Nkonge, “New bodies found near site of Kenya’s starvation cult burials”, BBC, 22 August 2025 https://www.bbc.com/news/articles/cdrkpjk0346o

In response to what has been described as “one of the worst ever cases of cult-related mass deaths”,²² Robert Kiptoo & Newton Ndebu, “Kenya starvation cult leader pleads not guilty”, BBC, 12 August 2024 https://www.bbc.com/news/articles/cy84xxd5n08o the President and senior leaders apologized to Kenyans for the slow response and promised to regulate religious sects.²³ David McKenzie and Bethlehem Feleke, “How faith turned deadly for Kenyan cult followers who chose starvation as path to salvation”, CNN, 19 June 2023 https://edition.cnn.com/2023/06/19/africa/kenya-starvation-cult-explained-intl-cmd/index.html However, the discovery of two bodies in the compound of another religious sect in Migori County, in May 2025, has again raised the question of the regulation of religious groups.²⁴Dominic Kirui, “Death at the cross: Secret burials, ‘cult-like’ practices at Kenyan church”, Aljazeera, 30 May 2025 https://www.aljazeera.com/features/2025/5/30/death-at-the-cross-secret-burials-cult-like-practices-at-kenyan-church In 2024, a Religious Organizations Bill seeking greater regulation of religious institutions was put before the Senate and opened to public consultation towards the end of 2025.²⁵ “Government seeks public views on bill to regulate religious organizations and address extremism”, Kiambu TV, 23 September 2025 https://kiambu.tv/government-seeks-public-views-on-bill-to-regulate-religious-organizations-and-address-extremism/2025/

Human rights abuses in the name of counter-terrorism

In response to a spate of terrorist attacks in the country over the last two decades, Kenya has implemented large-scale counter-terrorism operations. The United Nations Committee against Torture and human rights groups have consistently raised concerns about allegations of human rights abuses perpetrated by state officials in the context of counter-terrorism operations. These include allegations of extrajudicial killings, torture, gender-based violence, enforced disappearance, arbitrary arrest and detention, extortion and forcible relocation.²⁶Human Rights Council Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights, A/HRC/WG.6/49/KEN/2, 13 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/2 These human rights abuses are reported to disproportionately affect Muslims, particularly the Somali community.²⁷Rights & Security International, Addressing Human Rights Concerns from Kenya’s Counter-terrorism Laws and Policies, (Rights & Security International, 2022) accessed August 2025 https://www.rightsandsecurity.org/wp-content/uploads/2025/07/Kenya_Country_Profile_Report.pdf;
Summary of stakeholders’ submissions on Kenya, A/HRC/WG.6/49/KEN/3, 4 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/3 The United Nations (UN) has repeatedly called on Kenya to ensure that measures taken to combat terrorism are proportionate, strictly necessary, and conform with the UN Convention against Torture. They have also requested that Kenya review its definition of terrorism in the Prevention of Terrorism Act (2012) to ensure that it is in line with international standards.²⁸ Human Rights Council Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights, A/HRC/WG.6/49/KEN/2, 13 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/2

Education and children’s rights

In both public and private schools in Kenya, non-religious students – or students from other faiths – must undertake compulsory religious education as part of the curriculum. Religious education typically reflects the local faith of the community or the organization that sponsors the school, and is most commonly either Christian, Islamic or Hindu.²⁹“Kenya” chapter in 2023 Report on International Religious Freedom (U.S. Department of State, 2024) https://www.state.gov/reports/2023-report-on-international-religious-freedom/kenya/

The Atheists in Kenya Society (AIK) continues to call for the abolishment of religious education in schools and, in 2023, recommended to a government task force on education reforms that religious education be replaced with philosophy and ethics courses.³⁰“Kenya” chapter in 2023 Report on International Religious Freedom (U.S. Department of State, 2024) https://www.state.gov/reports/2023-report-on-international-religious-freedom/kenya

Olympic High School case

In a case regarded as a test of religious freedom in the country, a girl was sent home by Olympic High School, Nairobi, due to her dreadlocks. Her father went to court on 14 January 2019, suing the school for sending his daughter home for refusing to cut her dreadlocks. His lawyer, Wambua Shadrack, said the action amounted to discrimination on the basis of Rastafarian beliefs. Justice Chacha Mwita ruled that Rastafarianism is a religion, whose practices, including the growing of dreadlocks, shouldn’t be discriminated against in public institutions. “The fact that she keeps rastas should not have been the basis to chase her from school,” the judge said, reiterating that “School rules should never be applied in a manner that infringes on the students’ Constitutional rights”.³¹Mary Wangari, “Livity: Kenyans divided over landmark Rastafarian judgment”, Nairobi News, 13 September 2019, https://nairobinews.nation.africa/livity-kenyans-divided-over-landmark-rastafarian-judgment/

Child marriage

Despite Kenya’s strong legal framework to address child marriage, the issue continues to affect girls from marginalized communities where effective enforcement has been challenging.³²Human Rights Council Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights, A/HRC/WG.6/49/KEN/2, 13 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/2 In Turkana county, for example, the UN reports that one in four girls are married before they are 18 years old.³³Catherine Heathwood, “Teenage actress takes on child marriage in role mirroring real life”, BBC, 26 January 2025 https://www.bbc.com/news/articles/cz6pg84evpgo The impact of drought and food shortages has also increased the economic pressure on families – many of whom are reported to be “marrying off girls to secure dowries to help support the rest of the family”.³⁴ “Child marriage on the rise in Horn of Africa as drought crisis intensifies”, Unicef, 28 June 2022 https://www.unicef.org/press-releases/child-marriage-rise-horn-africa-drought-crisis-intensifies

Family, community and society

During Kenya’s 2025 Universal Periodic Review (UPR), the UN Human Rights Committee raised concerns that there continues to be no comprehensive and effective anti-discrimination framework consistent with its obligations under the International Covenant on Civil and Political Rights. These concerns extend to discrimination linked to sex, sexual orientation and gender identity, religion or belief, disability, albinism, socio-economic status, HIV status, and ethnic or political affiliation, among others. Similar concerns about the absence of an effective anti-discrimination law were raised in Kenya’s 2020 and 2015 UPR cycles.³⁵ Summary of stakeholders’ submissions on Kenya, A/HRC/WG.6/49/KEN/3, 4 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/3

Religious courts

Under Article 45(4)(b) of the Kenyan Constitution, parliament is required to enact legislation recognizing a system of personal and family law adhered to by persons professing a particular religion. The Constitution allows Kadhi’s courts – courts that apply Sharia law – to be used where all parties concerned describe themselves as Muslims and agree to submit themselves to the jurisdiction of the court. These courts are permitted to make rulings on matters relating to personal status, marriage, divorce and inheritance. However, there is no clear mechanism to ensure that vulnerable individuals from Muslim communities – who may not identify as Muslim – are not socially coerced into submitting to these courts.

The country’s secular High Court has jurisdiction over civil or criminal proceedings, including those in the Kadhi’s courts, and accepts appeals of any Kadhi’s court decision.In 2023, the Court of Appeal ruled in favor of the rights of the child over Sharia law in an inheritance dispute. It was argued that, under Sharia law principles, a child born outside of marriage may only receive inheritance from the mother. However, the court ruled that the child was entitled to inherit from his late father’s estate.³⁶“Kenya” chapter in 2023 Report on International Religious Freedom (U.S. Department of State, 2024) https://www.state.gov/reports/2023-report-on-international-religious-freedom/kenya/ The Supreme Court upheld the decision in 2025, declaring that,

“In our view, denying children born out of wedlock by the same parents the same benefits accorded to children born within wedlock, on the basis of the alleged “sins” of their parents, is unreasonable and unjustifiable”³⁷Jeremiah Wakaya, “Kenya: Supreme Court Upholds Inheritance Rights for Children Born Out of Wedlock to Muslim Fathers”, AllAfrica, 30 June 2025 https://allafrica.com/stories/202507010031.html ;
“Muslim clerics fault Supreme Court verdict on inheritance rights”, KBC, 2 July 2025 https://www.kbc.co.ke/muslim-clerics-fault-supreme-court-verdict-on-inheritance-rights/

Women’s rights

Gender inequality persists in Kenyan society and discriminatory stereotypes about the roles of women and men are prevalent.³⁸Summary of stakeholders’ submissions on Kenya, A/HRC/WG.6/49/KEN/3, 4 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/3 Violence against women and girls is common and, according to a 2024 report by Human Rights Watch, approximately 13 women and girls are murdered, and 130 cases of sexual violence, are reported weekly.³⁹“Kenya” chapter in World Report 2025, (Human Rights Watch, 2025) https://www.hrw.org/world-report/2025/country-chapters/kenya The 2015 Protection Against Domestic Violence Act⁴⁰Protection Against Domestic Violence Act, CAP 151, Published in Kenya Gazette Vol. CXVII—No. 55 on 29 May 2015 https://new.kenyalaw.org/akn/ke/act/2015/2/eng@2022-12-31 is poorly enforced and marital rape has yet to be criminalized.⁴¹Human Rights Council Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights, A/HRC/WG.6/49/KEN/2, 13 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/2 In 2024, two high profile killings sparked marches across the country calling for stronger action from the government against gender-based violence.⁴²“Kenya” chapter in Amnesty International Report 2024-25, (Amnesty International, 2025) https://www.amnesty.org/en/location/africa/east-africa-the-horn-and-great-lakes/kenya/report-kenya/ ;
“Police use tear gas on Kenya protesters rallying against femicide”, Aljazeera, 10 December 2024 https://www.aljazeera.com/news/2024/12/10/police-fire-tear-gas-at-kenya-protest-against-gender-based-violence

Sexual & reproductive health

Women in Kenya face barriers to accessing sexual and reproductive health care. According to a number of youth rights groups in Kenya, the National Reproductive Health Policy 2022-2023,⁴³Ministry of Health, The National Reproductive Health Policy 2022-2032, accessed August 2025 http://guidelines.health.go.ke:8000/media/The_National_Reproductive_Health_Policy_2022_-_2032.pdf imposes parental consent for young women and girls under 21 to access reproductive health care and information with the result that the majority are effectively excluded from receiving these services.⁴⁴Summary of stakeholders’ submissions on Kenya, A/HRC/WG.6/49/KEN/3, 4 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/3

According to the Kenya Obstetrical and Gynaecological Society, an estimated 2,600 women die from unsafe abortions every year.⁴⁵“SRHR and Unsafe Abortion”, Kenya Obstetrical and Gynaecological Society, accessed August 2025 https://kogs.or.ke/srhr-and-unsafe-abortion/ Although Kenya’s 2010 Constitution recognizes the right to abortion in cases where the life or health of the mother is in danger, the Penal Code⁴⁶Penal Code, CAP 63. Assented to on 26 May 1930, last amended 11 December 2023 https://new.kenyalaw.org/akn/ke/act/1930/10/eng@2023-12-11 still continues to criminalize abortion in all circumstances. This unclear and restrictive legal framework leads many women to seek unsafe and illegal abortions. In recent years, two High Court rulings have affirmed that abortion is indeed a right under the Constitution.⁴⁷“Abortion in Kenya”, Center for Reproductive Rights, accessed August 2025 https://reproductiverights.org/kenya-abortion/

Female Genital Mutilation (FGM)

Although the Prohibition of Female Genital Mutilation Act⁴⁸Prohibition of Female Genital Mutilation Act, No. 32 of 2011 https://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ProhibitionofFemaleGenitalMutilationAct_No32of2011.pdf came into force in 2011, implementation has been challenging. A number of ethnic groups continue the practice and it is estimated that 15% of women and girls in the country have been subjected to FGM.⁴⁹“Kenya” chapter in World Report 2025, (Human Rights Watch, 2025) https://www.hrw.org/world-report/2025/country-chapters/kenya ;
Noé Hochet-Bodin, “Kenya: Alternative rites of passage play key role in the fight against female genital mutilation”, Le Monde, 1 July 2024 https://www.lemonde.fr/en/le-monde-africa/article/2024/01/09/kenya-alternative-rites-of-passage-play-key-role-in-the-fight-against-female-genital-mutilation_6416796_124.html The UN Committee Against Torture has called on the Kenyan Government to take stronger measures to eradicate the practice, including increased awareness-raising among religious and traditional leaders.⁵⁰Human Rights Council Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights, A/HRC/WG.6/49/KEN/2, 13 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/2

Witchcraft accusations

An escalating pattern of killings and attacks on elderly people, particularly women, have been documented in recent years. Claims of witchcraft are frequently used as an excuse for the attacks, often in a bid to claim land from victims. Colonial injustices in the form of land seizures have never been rectified by subsequent governments, which has fuelled ongoing land disputes exacerbated by rising unemployment and economic crises. According to the human rights group Haki Yetu, more than 250 murders were committed between 2020-2022 across Kenya’s coastal counties. Similar figures have been reported in parts of Western Kenya.⁵¹Frank Burkybile, “The Weaponization of Witchcraft Laws in Kenya”, Think Global Health, 3 December 2024, https://www.thinkglobalhealth.org/article/weaponization-witchcraft-laws-kenya

A Colonial-era witchcraft law – the Witchcraft Act of 1925⁵² Witchcraft Act, Cap. 67 (Act No. 23 of 1925), 20 November 1925, https://new.kenyalaw.org/akn/ke/act/1925/23/eng@1925-11-20 – remains in place and enables perpetrators to legally defend their actions. Additionally, patriarchal attitudes that girls and women should neither inherit nor own land or other property persist. A lack of understanding of age-related conditions – such as dementia – also contributes to the phenomenon. Given the widespread belief in witchcraft in many communities, perpetrators are rarely prosecuted when witchcraft is given as a reason for murder.⁵³Frank Burkybile, “The Weaponization of Witchcraft Laws in Kenya”, Think Global Health, 3 December 2024 https://www.thinkglobalhealth.org/article/weaponization-witchcraft-laws-kenya;
Njeri Mwangi in Kilifi county & Tamasin Ford in London, “Accused of witchcraft then murdered for land”, BBC, 8 July 2024 https://www.bbc.com/news/articles/c4ng3z3j421o

LGBTI+ rights

According to Freedom House, there are significant implicit barriers facing non-Christian and LGBTI+ individuals that wish to participate in national politics.⁵⁴“Kenya” chapter in Freedom in the World 2025, (Freedom House, 2025) https://freedomhouse.org/country/kenya/freedom-world/2025

Under Articles 162, 163 and 165 of the British Colonial era Penal Code, “carnal knowledge……against the order of nature” is criminalized with a maximum penalty of 14 years imprisonment. Five years imprisonment is the maximum penalty for “acts of gross indecency” between males. Although these laws are rarely applied, the LGBTI+ community faces ongoing discrimination, abuse, and violent attacks. There have been several high-profile murder cases of LGBTI+ individuals in recent years.⁵⁵ “Kenya” chapter in Freedom in the World 2025, (Freedom House, 2025) https://freedomhouse.org/country/kenya/freedom-world/2025

In 2023, the Supreme Court ruled that LGBTI+ groups had the right to register as NGOs. The ruling was met with protests and threats to the LGBTI+ community.⁵⁶ Patrick Gathara, “How an LGBTQ court ruling sent Kenya into a moral panic”, Aljazeera, 15 March 2023 https://www.aljazeera.com/opinions/2023/3/15/how-an-lgbtq-court-ruling-sent-kenya-into-a-moral-panic An MP from the United Democratic Alliance Party, Mohammed Ali, cited the Quran and a Biblical passage claiming that they called for the death penalty for homosexual acts.⁵⁷“Kenya” chapter in 2023 Report on International Religious Freedom (U.S. Department of State, 2024) https://www.state.gov/reports/2023-report-on-international-religious-freedom/kenya/

Prior to the ruling, a Family Protection Bill had been tabled by opposition MP Peter Kaluma seeking to outlaw same-sex relationships and any kind of LGBTI+ activity or advocacy. This included the production, marketing, advertising, publishing, printing, broadcasting, and distribution of any content – including of an artistic nature – which “promoted” or “encouraged” homosexuality.⁵⁸Summary of stakeholders’ submissions on Kenya, A/HRC/WG.6/49/KEN/3, 4 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/3 ;
Catherine Byaruhanga, “LGBT rights in Africa: Will Kenya be the latest to pass anti-gay law?”, BBC, 18 July 2023 https://www.bbc.com/news/world-africa-66079603 ;
Diego Menjíbar Reynés, “Exiles from Uganda’s harsh anti-gay laws now fear ‘moral panic’ legislation could follow them”, The Guardian, 7 July 2025 https://www.theguardian.com/global-development/2025/jul/07/refugees-fled-uganda-anti-gay-laws-nairobi-kenya The bill specifically aims to “promote marriage between man and woman and to proscribe homosexuality, same sex unions and relationships.” It also declares that “No group, society, association, club or organization bearing the name “homosexual”, “lesbian”, “gay”, “bisexual”, “transgender”, “queer’, ‘questioning’, whether in full or abbreviated, shall be registered in Kenya.”⁵⁹The Family Protection Bill, 2023 https://database.ilga.org/api/downloader/download/1/KE%20-%20LEG%20-%20Family%20Protection%20Bill%20%282023%29%20-%20OR-OFF%28en%29.pdf At the time of writing, the Family Protection Bill remains a legislative proposal awaiting scrutiny and has not yet been passed into law.

Reports indicate that since 2023, there has been a rise in anti-LGBTI+ disinformation, leading to self-censorship within the LGBTI+ community.⁶⁰“Kenya” chapter in Freedom in the World 2025, (Freedom House, 2025) https://freedomhouse.org/country/kenya/freedom-world/2025 There has also been a reported rise in conversion therapy practices used by both Christian and Muslim religious leaders and within religious settings.⁶¹“Kenya” chapter in 2023 Report on International Religious Freedom (U.S. Department of State, 2024) https://www.state.gov/reports/2023-report-on-international-religious-freedom/kenya/ The UN Human Rights Committee has expressed concern about incidents of children being expelled from school on the basis of actual or suspected sexual orientation and/or gender identity.⁶²Human Rights Council Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights, A/HRC/WG.6/49/KEN/2, 13 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/2 According to CIVICUS, a generational divide has emerged on these issues:

“Deeply rooted cultural and religious beliefs continue to dominate national debates, with conservative voices strongly resisting change. A clear generational divide has emerged: while younger Kenyans generally side with progress, traditional groups within political and religious institutions typically work to maintain the status quo.”⁶³Arsenekah Ezekiel, “The Family Protection Bill threatens to escalate violence against LGBTQI+ people”, CIVICUS LENS, 26 February 2025 https://lens.civicus.org/interview/the-family-protection-bill-threatens-to-escalate-violence-against-lgbtqi-people/

The experience of the non-religious

According to the Atheists in Kenya Society (AIK), the first challenge facing the non-religious in Kenya is to be allowed to exist openly in a highly religious society. Many of their members struggle to maintain relationships and are fearful of repercussions at work. They experience online harassment and cite cases of companies firing employees for being atheists.⁶⁴Caroline Kimeu, “‘Our biggest challenge is simply to exist’: atheist society fights for legal recognition in God-fearing Kenya”, The Guardian, 28 July 2023 https://www.theguardian.com/global-development/2023/jul/28/our-biggest-challenge-is-simply-to-exist-atheist-society-fights-for-legal-recognition-in-god-fearing-kenya;
“Kenya” chapter in 2023 Report on International Religious Freedom (U.S. Department of State, 2024) https://www.state.gov/reports/2023-report-on-international-religious-freedom/kenya/

“You can’t come out as an atheist without being considered a devil worshipper, so for many people [AIK] meetings are the only place they can be open.” (see Testimonies Section)⁶⁵Caroline Kimeu, “‘Our biggest challenge is simply to exist’: atheist society fights for legal recognition in God-fearing Kenya”, The Guardian, 28 July 2023 https://www.theguardian.com/global-development/2023/jul/28/our-biggest-challenge-is-simply-to-exist-atheist-society-fights-for-legal-recognition-in-god-fearing-kenya

Freedom of expression, advocacy of humanist values

Freedom of expression, freedom of the media, and freedom of assembly and association are enshrined in the Kenyan Constitution. However, respect for these rights is varied and often restricted on the pretext of tackling insecurity. In the case of freedom of expression specifically, an array of laws carrying criminal sanctions are used to silence journalists, limit online expression and restrict criticism of the government.⁶⁶Human Rights Council Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights, A/HRC/WG.6/49/KEN/2, 13 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/2 The Computer Misuse and Cybercrimes Act 2018⁶⁷Computer Misuse and Cybercrimes Act, CAP 79C, Published in Kenya Gazette Vol. CXX—No. 58 on 18 May 2018 https://new.kenyalaw.org/akn/ke/act/2018/5/eng@2022-12-31 has been used to target bloggers and internet shutdowns and restrictions on digital platforms have become a growing concern.⁶⁸Summary of stakeholders’ submissions on Kenya, A/HRC/WG.6/49/KEN/3, 4 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/3

Media freedom

Kenya boasts one of the most vibrant media landscapes in Africa and journalists have actively worked to expose government corruption and wrongdoing. However, several laws restrict press freedom. Amendments to the Kenyan Information and Communications Act in 2013 introduced strong controls on radio and television broadcasts.⁶⁹Kenya Information and Communications Act, CAP. 411A, Published in Kenya Gazette Vol. C—No. 66 on 9 November 1998 https://new.kenyalaw.org/akn/ke/act/1998/2/eng@2022-12-31 There is a high rate of impunity for the harassment of journalists by government and security forces with such incidents rarely investigated by the police. Some journalists are reported to self-censor due to the combination of restrictive press laws and the potential for intimidation and violence. This is particularly the case for women journalists.⁷⁰“Kenya”, Reporters Without Borders, accessed August 2025 https://rsf.org/en/country/kenya;
“Kenya” chapter in Freedom in the World 2025, (Freedom House, 2025) https://freedomhouse.org/country/kenya/freedom-world/2025 ;
Summary of stakeholders’ submissions on Kenya, A/HRC/WG.6/49/KEN/3, 4 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/3

Media coverage of public protests exposes journalists to risks of reprisals. Dozens of media personnel were injured while covering protests against a finance bill in 2024 and several journalists were attacked or arrested. Media outlets, including KTN News, said that the authorities had threatened to shut down the station in response to their reporting of the protests.⁷¹“Kenya” chapter in Freedom in the World 2025, (Freedom House, 2025) https://freedomhouse.org/country/kenya/freedom-world/2025;
“Kenya” chapter in World Report 2025, (Human Rights Watch, 2025) https://www.hrw.org/world-report/2025/country-chapters/kenya Human Rights Watch found that media organizations had ceased their live coverage of the protests after their editors had received threats from the authorities.⁷²Lucy Mumbi, “I had power to shut down media during anti-govt protests – Ruto says”, The Eastleigh Voice, 28 July 2024 https://eastleighvoice.co.ke/zubeida%20kananu/62701/i-had-power-to-shut-down-media-during-anti-govt-protests—ruto-says

Blasphemy Laws

Kenya criminalizes “blasphemy” under Chapter 14 of the Penal Code. Specifically, Article 134 focuses on “Insult to religion” and refers to destroying, damaging or defiling a place of worship or a sacred object with intent/knowledge that it would insult a religion. Article 138, entitled “Writing or uttering words with intent to wound religious feelings” criminalizes words, sounds, gestures, or objects made with deliberate intent to wound another person’s religious feelings. Article 134 may result in a fine or up to two years imprisonment while Article 138 carries a prison sentence of up to one year.⁷³Penal Code, CAP 63. Assented to on 26 May 1930, last amended 11 December 2023 https://new.kenyalaw.org/akn/ke/act/1930/10/eng@2023-12-11#part_II__chp_XIV

Freedom of Assembly

Kenya’s Constitution protects the right to freedom of assembly, yet the Public Order Act⁷⁴Public order Act, Assented to on 13 June 1950, last amended 22 December 2014 https://new.kenyalaw.org/akn/ke/act/1950/26/eng@2022-12-31 requires organizers of public meetings and demonstrations to notify the police in advance – a requirement that is often reported to be used in practice to block or disperse peaceful assemblies. Freedom House reports that, although security forces showed some restraint during the 2022 electoral period, during opposition-led demonstrations in 2023, an estimated 30 people were killed and more than 300 were arrested. The UN has also raised concerns about the policing of demonstrations, including allegations of abductions, enforced disappearances, arbitrary detention, and excessive force.⁷⁵ “Kenya” chapter in Freedom in the World 2025, (Freedom House, 2025) https://freedomhouse.org/country/kenya/freedom-world/2025;
Human Rights Council Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights, A/HRC/WG.6/49/KEN/2, 13 February 2025, Human Rights Council Working Group on the Universal Periodic Review, Forty-ninth session, 28 April–9 May 2025 https://docs.un.org/en/A/HRC/WG.6/49/KEN/2

In 2024, Amnesty International reported that thousands of people took part in demonstrations opposing a proposed Finance Bill and corruption. Police responses to the protests prompted serious allegations of abuses, including excessive force, deaths and injuries, arbitrary detention, and enforced disappearances. The government reportedly approved military support for police operations during the unrest, even though the Constitution limits such deployment to emergencies and requires parliamentary approval.⁷⁶“Kenya” chapter in Amnesty International Report 2024-25, (Amnesty International, 2025) https://www.amnesty.org/en/location/africa/east-africa-the-horn-and-great-lakes/kenya/report-kenya/

Freedom House reported that dozens of people were killed and hundreds more were injured throughout the duration of the protests, which lasted for more than seven weeks. In addition, over 80 demonstrators and government critics were reportedly abducted and detained without due process.⁷⁷ “Kenya” chapter in Freedom in the World 2025, (Freedom House, 2025) https://freedomhouse.org/country/kenya/freedom-world/2025

In 2024, Kenya’s National Assembly considered the Assembly and Demonstration Bill,⁷⁸The Assembly and Demonstration Bill, Kenya Gazette Supplement No. 94, 26 April 2024 https://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2024/TheAssemblyandDemonstrationBill_2024.pdf a proposal to regulate demonstrations. The Bill would require protest organizers to give advance notice of at least three days (and no more than fourteen days), including the location, route and time. It empowers a “regulating officer” to stop or prevent protests on the basis of “a breach of the peace or public order.” It also links participation in demonstrations considered unlawful to criminal liability under the Penal Code, with penalties including up to one year’s imprisonment.

Freedom of Association

Kenya has a large and active civil society sector. However, NGOs have periodically faced regulatory pressure and targeting, including deregistration threats for alleged non-compliance with financial reporting and governance requirements. Kenya’s NGO regulator has previously moved to deregister hundreds of organizations for alleged financial or reporting violations – steps that have been contested in court and criticized by civil society groups and observers as politically motivated efforts to constrain NGO activity.⁷⁹“NGOs in Kenya protest threatened deregistration of 959 organisations”, The New Humanitarian, 13 January 2016 https://www.thenewhumanitarian.org/analysis/2015/10/30/ngos-kenya-protest-threatened-deregistration-959-organisations

During the 2024 protests over a proposed Finance Bill, President Ruto publicly alleged that the US-based Ford Foundation had financed the demonstrations and linked the organization to the unrest. The Ford Foundation denied funding or sponsoring the protests and reaffirmed that its grantmaking is strictly non-partisan and well-documented. Commentators described the accusation as an attempt to discredit protest organizers and civil society groups.⁸⁰ Urooba Jamal, “Why is Kenya’s Ruto accusing the Ford Foundation of stoking protests?”, AlJazeera, 18 July 2024 https://www.aljazeera.com/news/2024/7/18/why-is-kenyas-ruto-accusing-the-ford-foundation-of-stoking-tax-protests

Testimonies

“I don’t know what my family has a harder time accepting, my atheism or my orientation. I came out as an atheist when I was 17 and when I told them I was gay later on, they concluded that I’m gay because I don’t believe in god.

It’s been really hard being a gay atheist because I’m an assertive person who doesn’t run away from debate. I’ve lost many friends and been blocked and deleted on Facebook. I’ve been betrayed by family (a relative complained to my father and demanded I be reprimanded for my orientation). I’ve been drugged and raped because I came out to someone I thought was my friend, but I felt like no one was going to believe me so I never spoke about it after it happened, I just never spoke to my attacker again. I’ve been ignored by family members who I used to be really close to because they know I’m a gay atheist.

… I’m still forced to go to church when my mother wants me to which is very uncomfortable because she truly believes that if she forces me to go to church, I’ll go back to being a “straight Christian”.

… My sexuality and religious views are not the problem, it’s the religious intolerance and homophobia that has the problem. Changing their perception of me is not easy because they’ve been brainwashed, so I stopped trying.  … The thing with homophobia and religious people is that they hate what makes them feel uncomfortable and victimise whoever’s different. But I’ll never stop voicing my opinions because I am a person with rights and I hope to be respected more one day.”

— Dorothy