An Open Letter to Prime Minister Raila Odinga

An Open Letter to Prime Minister Raila Odinga

Ref: Your Orders to the Police to Arrest Gay Kenyan Citizens

Greetings from a proud Kenyan and congratulations on your many accomplishments. To many Kenya you are a symbol of true leadership, courage and strength for your ardent opposition of Moi’s oppressive regime that was rife with intimidation, corruption, arrest of political activists and the disappearance of citizens.  To many Kenyans, your leadership during the constitution review commission was an extension of your stellar leadership legacy.

While I laud you for your service to Kenyans, I am deeply disappointed that you have instructed the police to arrest the gay Kenyans. Your comments unfortunately should qualify for "hate speech" studied critically.  Your remarks that gay Kenyans have a mental disorder are misinformed and dangerous. Scientific studies have since revealed that in fact gay people do not suffer from a mental disorder. Homosexuality has been recorded in approximately 500 species of animals, including dolphins, bisons, whales, walruses, swans, antelopes, giraffes, and chimpanzees, the primates. Considered the closest living relative to humans, bonobos are not shy about seeking sexual pleasure from members of the same sex. Studies show that Certain DNA patterns on the X chromosome (the genes a man inherits from his mother) appear to be associated with male homosexuality.

Your instructions to the police are dangerous because they are impossible to implement without an infringement of other fundamental rights. So how will the police differentiate gay Kenyans from straight Kenyans? Follow them to the privacy of their bedrooms to observe what sexual acts they engage in? According to the constitution, this is a breach of privacy and is a criminal act. The only way the police can rightfully claim to arrest a gay couple legitimately is if they are caught engaging in sexual acts publicly. These would not be a unique case for gay couples only because any couple, straight or gay, caught in public sexual acts can be arrested for indecent exposure.  In order for gay Kenyans to be arrested for being gay they will need to actually be caught engaging in same sex sexual acts which is impossible without the police breaching their privacy.  

In addition, the constitution of Kenya does not provide a provision for the arrest of citizens by Executive order. Homophobia, like all racism and sexism is rooted in the inability to accept and celebrate our differences. Gay Kenyans are responsible citizens who have impacted our lives in many positive ways. They are our sisters, brothers, mothers, aunts, friends and neighbors and like all other human beings, they deserve their rights and protection from the law.  How are we being negatively affected by their lifestyle? Why should a whole nation be concern with what two consenting adults do in the privacy of their bedrooms? Since sexual orientation is a private matter, the liberty of homosexuals should be equality protected. Individuals should be free to express their love to other consenting adults as long the exercise does not infringe upon another person’s autonomy. When homosexuals are denied their rights, they are treated as second class citizens, which is an infringement on their liberty. Heterosexuals and homosexuals share a host of commonalities: those in committed relationships share mutual love, respect and support stabilizing society. What is unnatural about falling in love? The question of whom to love, marry, how to express sexual intimacy and whether to establish a family are among the most basic of every individual’s liberties. The government should not interfere (unless the interference is a protection of this right) with personal decisions relating to marriage.

Thank you for your consideration of the above issues, as a leader of all the Kenyan people with the best interests of all Kenyans at heart.

Sincerely,

 The Kenya Uchunguzi Torch