A Nairobi court has ordered the government to respond within seven days to a petition filed on behalf of more than 1,000 intersex persons in Kenya. The case highlights urgent concerns about healthcare, education, and legal recognition for one of the country’s most marginalized communities.
Lawyers Matiko Mang’era and Eric Keli told the court, “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.”
What challenges do intersex persons face in healthcare and education?
On healthcare, the petition argues that changes to the Children Act have created dangerous barriers. While the law prohibits surgeries on intersex children, hospitals have interpreted it as a blanket ban, 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 said.
Education is another pressing issue. The petition describes cases of teenagers being forced out of school due to contradictions between their gender identity and official documents. One child, registered male at birth but later developing female characteristics, has been transferred between four and five schools in just two years. “At the moment, they are forced to wear chest binders just to stay in a boys’ school,” Mang’era told the court.
How does the lack of legal recognition affect intersex persons?
Intersex adults often face harassment or even arrest when their appearance does not match their identification documents. Victims of crime have reported being treated as suspects rather than protected citizens. Barriers to amending official records also persist, with applicants required to present genotype tests that are only available abroad at prohibitive costs of up to Ksh 75,000.
The petition also accuses the state of systemic discrimination, with Mang’era stating that intersex persons are used as “props for publicity” instead of being given real economic empowerment.
The petitioners are seeking interim orders, including proper issuance of birth certificates, protection from police harassment, compulsory school admissions, and facilitation of emergency surgeries. The matter is set to proceed in open court next week.
By Lucky Anyanje
