Biden hosts Kenyan president, unclear whether anti-LGBTQ+ bill raised

Kenyan President William Ruto speaks at joint press conference with President Joe Biden at the White House on May 23, 2024.

The Biden-Harris administration has not publicly said whether it raised LGBTQ+ rights with Kenyan President William Ruto during his visit to the White House.

Kenya is among the countries in which consensual same-sex sexual relations remain criminalized.

Opposition MP Peter Kaluma last year introduced the Family Protection Bill. The measure, among other things, would impose the death penalty upon anyone found guilty of “aggravated homosexuality” and would ban Pride marches and other LGBTQ+-specific events in the country. Advocates have told the Washington Blade the bill would also expel LGBTQ+ refugees and asylum seekers who have sought refuge in Kenya.

A senior administration official on Wednesday did not directly respond to the Blade’s question about whether President Joe Biden would speak to Ruto about the Family Protection Bill — neither he, nor Ruto discussed it May 23 during a joint press conference at the White House. The official, however, did reiterate the administration’s opposition to the bill and other laws around the world that criminalize consensual same-sex sexual relations.

A reporter on May 22 asked National Security Advisor Jake Sullivan during the daily press briefing about whether Biden would discuss with Ruto any concerns over “some authoritarian moves” in Kenya. (The International Criminal Court in 2011 charged Ruto and five others with crimes against humanity in relation to violence that surrounded Kenya’s 2007 presidential election. The ICC dismissed the case against Ruto in 2016, although the prosecutor said widespread witness tampering had taken place.)

“We’ve seen robust and vigorous democracy in Kenya in recent years,” Sullivan said. “But, of course, we will continue to express our view about the ongoing need to nurture democratic institutions across the board: an independent judiciary; a non-corrupt economy; credible, free, and fair elections.”

Sullivan added “these kinds of principles are things the president will share, but he’s not here to lecture President Ruto.”

“President Ruto, in fact, is somebody who just was in Atlanta speaking about these issues,” he said. “We will invest in Kenya’s democratic institutions, in its civil society, in all walks of Kenyan life to help make sure that the basic foundations of Kenyan democracy remain strong.”

U.S. Ambassador to Kenya Meg Whitman in March 2023 sparked criticism when she told reporters in Kenya’s Kajiado County that “every country has to make their own decisions about LGBTQ rights.”

Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ+ and intersex rights abroad as part of the White House’s overall foreign policy. A State Department spokesperson in response to Whitman’s comments told the Blade that “our position on the human rights of LGBTQI+ persons is clear.”

“A person’s ability to exercise their rights should never be limited based on sexual orientation, gender identity or expression, or sex characteristics,” said the spokesperson. “Governments should protect and promote respect for human rights for each and every human being, without discrimination, and they should abide by their human rights obligations and commitments.”

The Biden-Harris administration has not publicly said whether it raised LGBTQ+ rights with Kenyan President William Ruto during his visit to the White House.

Kenya is among the countries in which consensual same-sex sexual relations remain criminalized.

Opposition MP Peter Kaluma last year introduced the Family Protection Bill. The measure, among other things, would impose the death penalty upon anyone found guilty of “aggravated homosexuality” and would ban Pride marches and other LGBTQ+-specific events in the country. Advocates have told the Washington Blade the bill would also expel LGBTQ+ refugees and asylum seekers who have sought refuge in Kenya.

A senior administration official on Wednesday did not directly respond to the Blade’s question about whether President Joe Biden would speak to Ruto about the Family Protection Bill — neither he, nor Ruto discussed it on Thursday during a joint press conference at the White House. The official, however, did reiterate the administration’s opposition to the bill and other laws around the world that criminalize consensual same-sex sexual relations.

A reporter on Wednesday asked National Security Advisor Jake Sullivan during the daily press briefing about whether Biden would discuss with Ruto any concerns over “some authoritarian moves” in Kenya. (The International Criminal Court in 2011 charged Ruto and five others with crimes against humanity in relation to violence that surrounded Kenya’s 2007 presidential election. The ICC dismissed the case against Ruto in 2016, although the prosecutor said widespread witness tampering had taken place.)

“We’ve seen robust and vigorous democracy in Kenya in recent years,” Sullivan said. “But, of course, we will continue to express our view about the ongoing need to nurture democratic institutions across the board: an independent judiciary; a non-corrupt economy; credible, free, and fair elections.”

Sullivan added “these kinds of principles are things the president will share, but he’s not here to lecture President Ruto.”

“President Ruto, in fact, is somebody who just was in Atlanta speaking about these issues,” he said. “We will invest in Kenya’s democratic institutions, in its civil society, in all walks of Kenyan life to help make sure that the basic foundations of Kenyan democracy remain strong.”

U.S. Ambassador to Kenya Meg Whitman in March 2023 sparked criticism when she told reporters in Kenya’s Kajiado County that “every country has to make their own decisions about LGBTQ rights.”

Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of the White House’s overall foreign policy. A State Department spokesperson in response to Whitman’s comments told the Blade that “our position on the human rights of LGBTQI+ persons is clear.”

“A person’s ability to exercise their rights should never be limited based on sexual orientation, gender identity or expression, or sex characteristics,” said the spokesperson. “Governments should protect and promote respect for human rights for each and every human being, without discrimination, and they should abide by their human rights obligations and commitments.”

The White House on Thursday released a “Kenya State Visit to the United States” fact sheet that broadly notes the promotion of human rights and efforts to fight HIV/AIDS in Kenya.

  • Promoting Human Rights: The United States and Kenya affirm their commitment to upholding the human rights of all. Together they stand with people around the world defending their rights against the forces of autocracy. Kenya and the United States commit to bilateral dialogues that reinforce commitments to human rights, as well as a series of security and human rights technical engagements with counterparts in the Kenyan military, police, and Ministry of Foreign Affairs aimed at strengthening collaboration on security sector governance, atrocity prevention, and women, peace and security in Kenya and regionally.
  • Continuing the Fight against HIV/AIDS: The United States and Kenya are developing a “Sustainability Roadmap” to integrate HIV service delivery into primary health care, ensuring quality and impact are retained. With more than $7 billion in support from the President’s Emergency Plan for AIDS Relief (PEPFAR) spanning two decades, Kenya has successfully responded to the HIV epidemic and strives to end HIV as a public health threat in Kenya by 2027. These efforts improve holistic health services for the 1.3 million Kenyans currently receiving antiretroviral therapy and millions more benefiting from HIV prevention programs, while allowing for greater domestic resources to be put toward the HIV response, allowing PEFPAR support to decrease over time.

Biden and Ruto on Thursday also issued a joint statement that, among other things, affirms the two countries’ “commitment to upholding the human rights of all.”

“Our partnership is anchored in democracy and driven by people,” reads the statement. “Together we share the belief that democracy requires ongoing work, and thrives when we commit to continually strengthen our democratic institutions.”

“This historic state visit is about the Kenyan and American people and their hopes for an inclusive, sustainable, and prosperous future for all,” it adds.

The White House said Transportation Secretary Pete Buttigieg and his husband, Chasten Buttigieg, White House Press Secretary Karine Jean-Pierre and Democratic National Committee Deputy National Finance Chair Claire Lucas and her partner, Judy Dlugacz, are among those who attended Thursday’s state dinner at the White House. Ruto on Friday is scheduled to meet with Secretary of State Antony Blinken at the State Department.
Ugandan officials sanctioned after Anti-Homosexuality Act signed

The U.S. has sanctioned officials in Uganda, which borders Kenya, after the country’s president in May 2023 signed the Anti-Homosexuality Act. The White House also issued a business advisory against Uganda and removed the country from the African Growth and Opportunity Act, which allows sub-Saharan countries to trade duty-free with the U.S.

Sullivan, Whitman and Commerce Secretary Gina Raimondo are among the officials who joined Biden and Ruto at a meeting with CEOs that took place at the White House on Wednesday. Ruto earlier this week visited Coca-Cola’s headquarters in Atlanta.

The company announced it will invest $175 million in Kenya.

Coca-Cola on its website notes it has received a 100 percent score on the Human Rights Campaign’s Corporate Equality Index each year since 2006. The company also highlights it has supported the LGBTQ Victory Fund, the Trevor Project, and other “LGBTQI-focused organizations and programs in our communities.”

“Coca Cola is proud of its history of supporting and including the LGBTQI community in the workplace, in its advertising and in communities throughout the world,” says Coca-Cola. “From supporting LGBTQI pride parades to running rainbow-colored billboards, Coca Cola has demonstrated its commitment to protecting employees from discrimination based on sexual orientation, gender identity and expression.”

Health GAP Executive Director Asia Russell in a statement to the Blade said Ruto “is choosing to align with anti-gender extremists and is allowing queer Kenyans to be put at extreme risk.” She also criticized Biden for welcoming Ruto to the White House.

“Biden is campaigning as an LGBTQ+ champion, but he is ruling out the red carpet for someone who is explicitly siding with the extremists,” said Russell. “It’s doublespeak on the part of the White House.”

Brody Levesque, Christopher Kane, and Sam Kisika contributed to this story.

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