Ruth Morgan, PhD,is an anthropologist and the director of the Gay and Lesbian Archives in Johannesburg. Saskia Wieringa is an anthropologist who has studied female same-sex relations for over twenty years. She is the coeditor of Female Desires: Same-Sex Relations and Transgender Practices Across Cultures and the president of the International Association for the Study of Sexuality, Culture, and Society.

Tommy Boys, Lesbian Men, and Ancestral Wives: Female Same-Sex Practices in Africa

By Ruth Morgan, Saskia Wieringa

Jacana Media (Pty) Ltd

Copyright © 2005 Ruth Morgan Saskia Wieringa
All rights reserved.
ISBN: 978-1-77009-093-4
CHAPTER 1

'I want to marry the woman of my choice without fear of being stoned': female marriages and bisexual women in Kenya

Nancy Baraka with Ruth Morgan

I am a 26-year-old freelance journalist from Nairobi with a diploma in communication arts. I am an active member of the Association of Media Women in Kenya (AMWIK).

Legal position of the lesbian, gay, bisexual and transgendered community (LGBT) in Kenya

In common with other African leaders, former President Daniel Arap Moi has verbally attacked homosexuals and lesbians on various occasions. In The Nation, a leading Kenyan newspaper, Moi said 'Kenya has no room or time for homosexuals and lesbians. Homosexuality is against African norms and traditions, and even in religion it is considered a great sin.'

Sections 162 to 165 of the penal code outlaw homosexual behaviour and attempted homosexual behaviour between men, referring to it as 'carnal knowledge against the order of nature'. The penalty is 5 – 14 years imprisonment. Lesbian relations, though not specifically mentioned under the law, could depending upon interpretation be proscribed under the above reference as this applies equally to women as to men. In practice, the Federation of Women Lawyers (FIDA) advises that while men are occasionally prosecuted for homosexual offences they are not aware of any cases where women have been charged. If men are caught practising 'carnal knowledge' the police impose a fine of around 30 000 Kenyan shillings, and it is very rare that imprisonment occurs. It is unlikely that legal action would be taken against a homosexual male or female unless some other offence was involved. The reason for the lack of enforcement of the laws is that the state has not focussed on homosexuality as a political issue as it assumes the lesbian, gay, bisexual and transgendered (LGBT) community is too small to warrant its time and attention. The LGBT organisations and groups do not draw attention to their activities and are therefore invisible in the public domain. Unless people are actively involved in these organisations they will not know of their existence. It is therefore very rare for police to raid parties or events.

The Kenyan constitution, that recognises only heterosexual relationships, was gazetted in November 2003. During the drafting of the new constitution same-sex organisations were not actively involved in this process due to their need to operate underground to avoid being arrested. Although a few human rights organisations lobbied for the legalisation of same-sex relationships, this idea was opposed by religious groups who are the moral custodians in Kenyan society and who have a great deal of support. The process of drafting the new constitution included participation by a wide range of organisations in civil society, including women's organisations, professional associations, trade unions, religious groups and other Non-Governmental Organisations (NGOs.)

Cultural and religious beliefs

Homosexuality has been termed barbaric and alien to our culture. It is seen as an import from western culture. This notion has been instilled in Kenyans through various leaders, either through the church, both Catholic and Protestant, or from the government.

Culturally our society has had a big problem with same-sex relationships making it very difficult for people to come out publicly as homosexuals. Men cannot show affection in public without provoking a reaction. For example when two men are seen holding hands, words such as shoga and msenge (Swahili terms meaning 'slut') are on everyone's lips. The situation is different for women. When two women are seen hugging and kissing in public it is accepted as the norm for showing real friendship. However, if they say they are lesbians, abuse is poured upon them, making it easier for them to remain in the closet and enjoy their freedom while they are there.

Interestingly, there is a well-known tradition of same-sex marriages between women from certain ethnic groups. When an elderly woman from Kikuyu, Kisu, Kamba or Kalenjin tribes decides she needs a female wife it is encouraged, not solely for the sake of inheritance but also as a way of encouraging procreation. This practice has been in existence for a long time and is still practised and accepted today. The issue of same-sexuality within these marriages is considered taboo, and this tolerance is not extended to LGBT people.

These cultural and religious beliefs, in addition to the harsh legal penalties, have made it extremely difficult for LGBT people to have a sense of well-being or to be open and able to come out to their families. Only LGBT people who have been brought up in an urban setting – mostly overseas – have a different view about same-sex relationships. They realise that these relationships exist and are not ashamed of their same-sexuality. This is in contrast to LGBT people in rural areas who think of themselves as doomed or cursed.

LGBT organisations

Although there is fairly strong social pressure against individual instances of homosexuality and lesbianism from family members, it is ignored in the public domain. Discreet homosexuals are unlikely to face prosecution or persecution. Current LGBT organisations therefore operate so as not to antagonise the government.

The interviewees

My first interviewee was Laura (pseudonym), a 26-year-old modern professional woman. She has been brought up in an urban setting and is not afraid of her sexuality. She is Kikuyu but is not traditional, as she does not know the language. The thought of marriage to a man has often crossed her mind although she is currently involved in a closeted same-sex relationship with a woman who has an official boyfriend.

My second interviewee was Suki (pseudonym). She is of mixed Indian and Kikuyu descent. She is 26 years old and completed high school in the USA where she spent a few years. She is pursuing a course in the health sciences and is due to graduate in three years. She has not disclosed her sexuality.

My third interviewee was Rehema (pseudonym). She is a 26-year-old professional. She was brought up in the coastal region, in an urban setting. She is confused about her sexuality although she has a girlfriend in the United States where she would like to relocate. She was raised as a Christian but has rejected religion completely.

My fourth interviewee was Kavisu. She is 57 years old and has no biological children. She lives in Kitui, around 120 kilometres from Nairobi, the capital. She was brought up in a rural setting with no education. She is a traditionalist. Her husband died and left her property, which she is to take care of. Her clan thought it wise for her to marry Mwikali who could help with the chores. She is the main determinant of who will impregnate Mwikali, her traditional wife, whom she treats as her daughter-in-law. There is no sexual relationship between the two women. Kavisu herself has no sexual relations with a man.

My final interview was with Mwikali. She is Kavisu's 29-year-old wife and had a basic education. She agreed to the same-sex marriage, as she needed someone to take care of her four children who were fathered by different men. She will inherit Kavisu's property on her death. She is Christian and is active in church...