The government has been ordered to file a response within seven days in a case seeking to secure the rights of more than 1,000 intersex persons in Kenya. The petition, filed at the High Court, highlights persistent violations in healthcare, education, and legal recognition for one of the country’s most marginalized groups.
Lawyer Matiko Mang’era, representing the petitioners, told the court that intersex persons continue to be denied basic rights despite constitutional guarantees. He cited challenges ranging from lack of emergency healthcare to systemic discrimination in schools and workplaces.
On healthcare, the petitioners argue that amendments to the Children Act, which outlaw surgeries on intersex minors, have been misinterpreted by hospitals as a total ban even in urgent, life-threatening situations. One of the petitioners is said to have been turned away from several hospitals despite needing immediate medical intervention.
The petition further recounts the struggles of intersex teenagers in the education system. One child, registered as male at birth but later developing female traits, has been transferred between multiple schools as institutions refuse to accommodate them. The student is currently forced to use chest binders to remain in a boys’ school.
The court also heard that adults face routine harassment and criminalization when their appearance does not align with the gender recorded in their identification documents. Many are arrested or even charged with impersonation instead of being protected.
Changing official documents remains another barrier, with applicants required to present costly genotype tests only available abroad, mainly in South Africa, at prices exceeding Sh75,000. According to the petitioners, this requirement effectively locks out most intersex Kenyans from accessing jobs, healthcare, and other essential services.
Beyond identity, the State was accused of treating intersex persons as “publicity props” in inclusion campaigns without rolling out meaningful empowerment programs. The petition insists that what is needed are practical policies and financial measures to improve their lives.
The case, which cites breaches of rights to dignity, equality, life, and freedom from discrimination, seeks orders compelling the issuance of proper birth certificates, stopping police harassment, directing schools to admit intersex students, and mandating hospitals to provide emergency surgeries when necessary.
The matter is set for further hearing next week in open court.
