Activists argue it is homophobia, not homosexuality, that has been imported from the West.
Same-sex relationships are not new to Africa. A century ago, it was not uncommon for a woman of the Igbo tribe in present-day Nigeria to marry another woman and cohabit. Similar women-to-women marriages have been documented in at least 30 different tribes across the African continent. Men of the Maale tribe in Ethiopia would sometimes have sex with other men.
But when Britain colonized large swaths of Africa in the late 19th and early 20th centuries, it imposed penal codes that punished actions “against the order of nature”—code for homosexual acts—with up to 14 years in prison. These would become the first anti-gay laws on the continent, laws that are now being targeted by African LGBTQ-rights activists who argue that homophobia, not homosexuality, was an import from the West.
That effort suffered a setback this week, as Kenya’s High Court unanimously ruled that the country’s own British-era penal code against unnatural acts, adopted into law at Kenya’s 1963 independence, does not violate the country’s 2010 constitution.