SYDNEY, AUSTRALIA – In a landmark legal decision, a New South Wales court has convicted a man for inciting violence against transgender people, the first such ruling in the state's history. The case highlights a growing global effort to legislate against online hate speech targeting vulnerable communities and raises critical questions about the adequacy of similar legal frameworks in Kenya.

Thomas Fordham, 27, was sentenced on Wednesday, 19 November 2025, in Sydney's Central Local Court to a 12-month community correction order. This came after he pleaded guilty to charges of threatening or inciting violence on the grounds of gender identity, an offence established under state law in 2018. The conviction stems from a series of comments Fordham posted on YouTube between March and May 2024, including one that read, “We should have a geneside [sic] and kill al [sic] trans people.” Magistrate Christopher Halburd described the comment as a “serious” offence and “an invitation on social media for a genocide,” despite acknowledging Fordham's mental health conditions.

The law used to convict Fordham, Section 93Z of the Crimes Act 1900, makes it illegal in New South Wales to publicly threaten or incite violence based on gender identity, sexual orientation, race, religion, and other grounds. The conviction is the first successful prosecution for gender identity vilification since the laws were enacted.

The Kenyan Legal Context

The Australian ruling provides a stark contrast to the legal situation in Kenya. While Kenya's Constitution, under Article 27, prohibits discrimination on several grounds, it does not explicitly list sexual orientation or gender identity. The country's primary legislation against hate speech, the National Cohesion and Integration Act of 2008, was enacted after the 2007-2008 post-election violence and primarily focuses on prohibiting incitement to hatred based on ethnicity or race. The Act does not specifically mention gender identity, leaving a significant gap in protection for transgender and gender-diverse individuals from targeted online incitement.

This legal ambiguity exists within a complex and often contradictory social and judicial environment for LGBTQ+ persons in Kenya. In a landmark decision on 24 February 2023, Kenya's Supreme Court ruled that it was unconstitutional to deny the right of association based on sexual orientation, allowing for the registration of LGBTQ+ advocacy groups. The court affirmed that human rights are inherent to all, irrespective of whether their views are popular. This ruling was upheld in September 2023 after a challenge was dismissed.

However, this judicial progress has been met with significant societal and political resistance. Same-sex relations remain criminalised under colonial-era sections of the Penal Code, and a contentious Family Protection Bill was introduced in 2023 to further restrict LGBTQ+ rights. This has fueled an environment where, according to a 2024 report by The Advocates for Human Rights, LGBTQ+ individuals in Kenya report widespread discrimination, violence, and hate crimes.

Violence and the Need for Protection

For transgender Kenyans, the threat of violence is a daily reality. A 2022 baseline study by Trans*Alliance Kenya found high rates of harassment and violence. The survey revealed that 51% of transgender people had experienced verbal abuse from the police, and many reported being denied equal treatment in hospitals (62%) and government agencies (55%). These statistics underscore the vulnerability of the community and the urgent need for clear legal protections against incitement.

While there have been some positive judicial steps, such as an April 2024 interim High Court ruling in Mombasa ordering anti-gay groups to refrain from inciting violence, these measures are often temporary and do not address the root legislative gaps. Legal experts and human rights organisations argue that without explicit inclusion in hate speech laws, transgender people remain exposed to targeted online and offline attacks with limited legal recourse.

The conviction of Thomas Fordham in Australia thus serves as a critical international benchmark. It demonstrates that legal systems can and do adapt to protect specific communities from the clear and present danger of online hate speech. For Kenya, it amplifies the ongoing conversation about the scope of its own laws and whether they are sufficient to protect all citizens, including its most marginalised, from incitement to violence in an increasingly digital world.