Sections 162 to 165 of the Penal Code criminalize homosexual behaviour and attempted homosexual behaviour between men, which is referred to as "carnal knowledge against the order of nature". The penalty is 5 to 14 years' imprisonment. The age of consent is 16. Lesbian relations are not prohibited in the lawTemplate:Ref.
In August 2006, a bill famously called "Njoki Ndungu bill" was published into law. The aim was to consolidate all the sexual offenses into one body. The bill was published into law in August, but did not change very much the previous sections of the penal code. As such it remains a criminal offense that is punishable by 14 years and five years in the case of attempt.
Organizations such as Gaykenya are working to improve access to basic rights and freedoms of gay and lesbian people by calling upon the LGBTI people to register as voters and participate in the civic life. This way they hope to work with politicians and political parties in changing the offensive sections of the penal code.
- Template:Note "Kenya" Behind the Mask, a website on gay and lesbian affairs in Africa. Accessed March 9, 2006. <http://www.mask.org.za/index.php?page=kenya>