NAIROBI, Kenya – The Kenyan government has seven days to respond to a landmark petition filed on behalf of more than 1,000 intersex persons, raising critical questions about healthcare, education, legal recognition, and systemic discrimination against one of the country’s most marginalized groups.
The case, filed in the High Court, accuses the State of presiding over ongoing violations of constitutional rights, including the right to life, dignity, equality, and freedom from discrimination.
“We are advancing issues of access to emergency healthcare, the right to education, recognition of identity, and protection from harassment—all of which intersex persons are being denied in Kenya,” said lawyers Matiko Mang’era and Eric Keli, who are representing the petitioners.
Healthcare Barriers
The petition argues that amendments to the Children Act, intended to protect minors from unnecessary surgeries, have been misinterpreted by hospitals as an outright ban on medical interventions for intersex persons—even in emergencies.
“One of the petitioners is in urgent need of medical intervention but has been denied access in several hospitals. This is a matter of life and death,” Mang’era told the court.
Education Struggles
In schools, intersex teenagers are being forced out due to mismatches between their physical appearance and the gender listed on their birth certificates.
The petition highlighted one student registered as male at birth but who developed female characteristics during adolescence.
The child has been shuffled between multiple schools within two years and is currently forced to wear chest binders just to remain in a boys’ school.
Identity and Criminalization
On matters of justice, the petition claims intersex persons are often criminalized rather than protected.
Adults have been harassed, arrested, or even charged with impersonation when their appearance does not align with details on their IDs or passports.
Changing identity documents is also nearly impossible. Applicants are required to provide genotype test results and medical certificates acknowledging errors at birth.
But Kenya lacks facilities to conduct such tests, leaving many to seek services in South Africa at costs exceeding Sh75,000—far beyond the reach of most families.
Systemic Discrimination
Beyond individual struggles, the petition accuses the government of tokenism, saying intersex persons have been used as “props for publicity” while meaningful empowerment programs remain absent.
“What they need is not token appearances in campaigns but tangible measures to uplift them socially and economically,” Mang’era said.
Relief Sought
The petitioners are seeking several interim orders, including:
- Issuance of proper birth certificates for intersex children.
- Restraining police from harassing or arresting intersex persons.
- Compelling schools to admit and accommodate intersex students.
- Requiring the government to facilitate emergency medical interventions where necessary.
The matter is scheduled to proceed in open court next week.
