Kenyan LGBTIQ persons are not asking for any special treatment

On May 1, Sunday Standard's columnist Clay Muganda wrote a piece about the late Sheila Adhiambo Lumumba, a lesbian whose life was ended mercilessly in a murder. 

I have decided to write this article as a proper proper memorial that befits Sheila and any LGBTIQ person whose life was ended prematurely due to homophobia, transphobia or biphobia. We still remember Erica, a transgender woman, who was also murdered and her body dumped along Waiyaki Way. May they find eternal rest in power, and may their murderers be brought to book.

Sheila was murdered by six men who gang-raped them (not 'her'), and broke their bones in their house in Karatina. Sheila was a non-binary (not solely male or female‍) person, and even in their death, they remain a non-binary person - their existence will not be erased.

Assigning the right pronouns affirms one’s existence, acknowledges their diversity and is a sign of respect. To decide to assign Sheila the pronoun “she” is offensive, abusive and oppressive. If you are not sure of one’s pronouns, ask, because their pronouns could be an integral part of one's identity.

Sheila’s murder did not make it to the front-pages; a testament to the bias that the heterocentric media has against sexual and gender diverse persons – a bias that is institutionalised. It is important to note that negative representation of sexual and gender diverse persons has led to more violence, unjust arrests, social exclusion, deprivation of economic and education opportunities as well as fueling homicidal violence - just like in Sheila’s case.

Studies have shown that gender-based violence is more prevalent against sexual and gender diverse persons due to the narrow parameters of societal gender roles. The existence of unjust, archaic and colonial laws that criminalise same-sex relationships despite these sections being blatantly unconstitutional, fuels violence as it perpetuates negative public discourse and behaviours.

Unfortunately, the framing of gender-based violence against sexual and gender persons continues to be erased in the policy and legal frameworks of the country. 

It is utterly wrong to claim that Kenyans were not outraged by the heinous crimes committed against Sheila! Did you not see Sheila's trend? Didn’t you see the solidarity that women-rights organisations and other organisations like Amnesty International Kenya, Kenya Human Right Commission have showed to sexual and gender diverse persons in Kenya? Again, this goes to show how poorly researched negative media discourse can be misleading!

I am therefore confident in saying that the Fourth Estate is built on heterocentric lenses that are exclusionary against women, sexual and gender diverse persons.

It is a fact that until recently, women's, sexual and gender diverse persons' representation in the media was so dismal and worse at senior decision-making levels. Representation means nuancing issues that the male gaze may not identify with – like the murder of Sheila. If the media industry had diverse representations, then Sheila’s death would indeed have made it to the front-page. 

Sadly, Mr Muganda purports that the freedom and rights of LGBTIQ people are marginal - wrong. Chapter Four of the Constitution on the Bill of Rights affirms that no Kenyan should be subjected to any discrimination, including based on their sex and that every Kenyan has an inherent right to dignity, security and social and economic freedoms.

LGBTIQ persons in Kenya are Kenyans, who are not asking for any special rights. They seek to enjoy the rights and freedoms granted by our constitution and they ought to be unapologetically entitled to these rights!

The columnist fails to recognise that LGBTIQ's freedom of association was for a long time denied, and the community had to go to court to have this right granted. And even when the court pronounced itself on freedom of association, extremists and fundamentalist groups appealed against this ruling, seeking to further constrict people of diverse sexuality, gender and sex characteristics.

Sexual and gender diverse persons have the right to equal and fair treatment by the media; the right to informed and balanced coverage of information concerning them. 

Murder is a crime and therefore Sheila’s murder should be investigated. We shall be here to hold the duty bearers accountable for this. It is also a fact that police have historically been known to be slow when it comes to investigating crimes against sexual and diverse persons – Joash and Antony who self-identified as gay men and Erica, a transgender woman – are just examples. Their files are still open.

The LGBTIQ community are running an active petition to ensure that the justice system does its work. 

Therefore, instead of the media vilifying the sexual and gender diverse communities, fueling further hate, they should be asking critical questions such as: “What does inclusive and diverse media look like? How can media foster representation so that when stories are told, such as Sheila’s, they delve deep into institutional faults that perpetuate discrimination, injustices and inequality?”

LGBTIQ rights are human rights. Sheila, May you find eternal rest in power.