Sex acts between men are illegal under Kenyan statutes and carry a maximum penalty of 14 years' imprisonment, except 21 years in certain aggravating circumstances. Sex acts between women are not mentioned specifically in those statutes, although it is arguable that the gender-neutral term "person" in Section 162 of the Penal Code includes women. Indeed, Prime Minister Raila Odinga on 28 November 2010 called for them to be arrested along with gay men.[5][6]
The Kenyan Penal Code of 1930, as revised in 2006, provides as follows:[7]
Section 162. Unnatural offenses.
Any person who –
(a) has carnal knowledge of any person against the order of nature; or
(c) permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for fourteen years:
Provided that, in the case of an offence under paragraph (a), the offender shall be liable to imprisonment for twenty-one years if –
(i) the offence was committed without the consent of the person who was carnally known; or
(ii) the offence was committed with that person's consent but the consent was obtained by force or by means of threats or intimidation of some kind, or by fear of bodily harm, or by means of false representations as to the nature of the act.
Section 163. Attempt to commit unnatural offenses.
Any person who attempts to commit any of the offences specified in section 162 is guilty of a felony and is liable to imprisonment for seven years.
Section 165. Indecent practices between males.
Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.
