LGBTQ+ Asylum Seekers in Kenya Face Growing Uncertainty as Refugee Commissioner Rejects Special Protections
LGBTQ+ asylum seekers in Kenya are facing heightened anxiety after John Burugu, the official in charge of processing asylum applications, stated that sexual minorities would not receive special treatment. Burugu’s remarks have cast doubts on the future of many LGBTQ+ individuals fleeing persecution in neighboring countries, especially Uganda.
Kenya hosts over 770,000 refugees, according to the United Nations High Commissioner for Refugees (UNHCR). More than a quarter of these are still awaiting the determination of their asylum status, though the exact number of LGBTQ+ asylum seekers remains unclear. In 2021, the UNHCR estimated there were about 1,000 LGBTQ+ refugees in Kenya, a number likely to have increased after Uganda passed the Anti-Homosexuality Act in 2023, imposing harsh penalties on LGBTQ+ individuals.
Despite growing concerns, Burugu, Kenya’s refugee commissioner, emphasized that the country would not grant asylum based solely on sexual orientation or gender identity. “We are not interested in anyone’s sexual identity,” Burugu said in a September interview. “That is their business, but it will not be a measure of convincing us to admit someone who fails to meet the threshold of being admitted as a refugee or asylum seeker.”
While Kenya’s 2021 Refugees Act does not explicitly protect LGBTQ+ individuals, it does recognize refugees fleeing persecution due to race, religion, nationality, political opinion, or membership of a social group. Despite this legal framework, LGBTQ+ asylum seekers report delays in their applications, which the UNHCR has urged Kenya’s Department of Refugee Services (DRS) to address.
UNHCR spokesperson Kathryn Porteous noted that LGBTQ+ refugees are “normally recognized” by the Kenyan government. However, since 2021, applications by LGBTQ+ asylum seekers have stalled, with many left in limbo. “UNHCR continues to advocate with DRS to resolve the pending case load and to ensure access to asylum for LGBTIQ+ refugees in Kenya,” Porteous said.
LGBTQ+ asylum seekers like Sulah, a 30-year-old Ugandan refugee, have experienced years of uncertainty. Fleeing death threats in Uganda in 2016, Sulah has waited three years for his refugee status to be determined in Kenya. He remains frustrated with the lack of progress, fearing his case is being pushed to the bottom of the queue.
Emmalia, a transgender activist who escaped Uganda after her home was attacked in 2023, also feels trapped in Kenya without the necessary documentation to move forward. “I cannot go back to Uganda because of security reasons, while at the same time, I cannot move out of Kenya since I don’t have the requisite papers,” she said.
Human rights lawyer Kevin Muiruri argues that Kenya’s constitution, which prohibits discrimination based on sex and gender, should guide how LGBTQ+ asylum seekers are treated. “The Bill of Rights prohibits discrimination on grounds of sex and gender, and this same principle should apply to queer people,” Muiruri said. “A refugee is a refugee.”
As LGBTQ+ Ugandans continue to seek refuge in Kenya from the draconian anti-LGBTQ+ laws, the delays and uncertain future of their asylum applications are leaving many in a vulnerable state, fearful for their safety and future in the region.
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Ugandan Citizen Abducted, Held in Secret Detention for Three Months, Sparks Outrage and Calls for Justice
A disturbing new case of unlawful detention has surfaced, highlighting the ongoing human rights crisis in Uganda. A Ugandan citizen was reportedly abducted and held in a secret facility, known as a “safe house,” for three months, only to be released without charge or explanation. This incident, reported by NTV Uganda, has sparked widespread condemnation and renewed calls for accountability regarding human rights abuses in the country.
While the details surrounding the abduction remain unclear, reports indicate that the individual was taken without due process and held incommunicado—an action that has long been condemned by human rights organizations. The victim’s release, with no charges filed and no clear justification, has angered activists and citizens, who view this as yet another case of egregious abuse of power by the state.
“This is a recurring pattern,” said one human rights activist. “Abductions, secret detentions, and unexplained releases have become all too common in Uganda. These acts violate fundamental human rights and erode public trust in the justice system.”
The use of “safe houses,” unregistered detention facilities reportedly operated by security forces, has been a focal point in numerous allegations of torture and illegal imprisonment. Despite repeated calls from both local and international organizations for their closure and accountability for those involved, little action has been taken to address these violations.
This case underscores the urgent need for reform within Uganda’s security apparatus and greater accountability for human rights abuses. Observers hope that drawing attention to these injustices will spur concrete action to bring those responsible to justice and ensure the protection of basic human rights.
As frustration mounts, calls for both domestic and international pressure to hold the government accountable for such crimes grow louder. “One day, there must be accountability for all these crimes against our people,” stated one social media user, reflecting the sentiments of many Ugandans.
National Unity Platform (NUP) President Robert Kyagulanyi has accused Ugandan security forces of using excessive force to disrupt a planned NUP gathering. The allegations were detailed in a statement shared on Twitter, following an event held to honor children of NUP supporters who were killed, disappeared, or detained for their political beliefs.
According to Kyagulanyi, security personnel, under the command of an officer identified as Asiimwe, carried out a preemptive operation early in the morning upon learning of the NUP’s plans. The forces allegedly stormed the premises, arrested workers, and deployed tear gas to disperse those present.
“The criminals under the command of one Asiimwe deployed early morning, arrested our workers, and threw tear gas into our premises. They’ve cordoned off the premises and blocked all people from accessing the place,” Kyagulanyi wrote.
Among those reportedly arrested were Saava Peter, Mudenya Samson, and Turyasingura Samson. Kyagulanyi claimed the detained workers were subjected to beatings and interrogated about their political affiliations, with security operatives labeling them as terrorists.
“These JATT operatives asked the workers who they support politically, branding them terrorists and criminals—their only crime being that they work with us. You can imagine the indignity!” Kyagulanyi lamented.
This incident adds to the growing tension in Uganda’s political climate, where opposition parties frequently accuse the government of stifling dissent. Despite the challenges, Kyagulanyi ended his statement with a message of defiance and optimism, proclaiming, “UGANDA WILL BE FREE.”
NUP Gathering Disrupted: Kyagulanyi Alleges Security Force Harassment and Arrests
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Sudan Demands Apology from Uganda Over Army Chief Muhoozi Kainerugaba’s Threat to Invade Khartoum
Sudan has demanded an official apology from Uganda over “offensive and dangerous” comments made by the chief of Uganda army staff, who threated to invade Khartoum, the Sudan Tribune has reported.
General Muhoozi Kainerugaba, son of Ugandan President Yoweri Museveni and CDF of the Ugandan army, posted two comments on the X platform on Tuesday in which he threatened “to capture Khartoum” with the support of the US President elect Donald Trump after he takes office. The posts were deleted later.
“The government of Sudan demands and official apology from the Ugandan government for the offensive and dangerous comments of the army commander,” Sudan’s foreign ministry said in a statement that the Sudan Tribune said it has seen.
Sudan Demands Apology from Uganda Over Army Chief Muhoozi Kainerugaba’s Threat to Invade Khartoum