Written By Joyce Nzomo
The High Court has directed the government to urgently make changes in police cells
and prisons to cater for intersex persons, following a landmark ruling on the treatment of
a Kenyan athlete identified only as S C.
Justice Reuben Nyakundi of the Eldoret High Court ruled that the government cannot
continue to ignore the reality of individuals who do not fit into the strictly male-or-female
system in detention facilities. He further directed the Attorney General to push for
amendments to the Prisons Act to include clear provisions for intersex people.
The court awarded S C Sh1 million in compensation; Sh600,000 to be paid by the State
for unlawfully detaining her in a male cell and accusing her of impersonating a woman,
and Sh400,000 to be paid by Moi Teaching and Referral Hospital (MTRH) for violating
her right to privacy after forcing her to undress to “prove” her gender.
Justice Nyakundi said there is “compelling urgency” for Kenya to build structural and
policy safeguards for intersex people in conflict with the law, in order to protect their
constitutional rights.
S C’s ordeal dates back to 2009 when she applied for a national ID but was registered
as male despite identifying as female from childhood. Since then, she has faced
repeated arrests, humiliation, and discrimination including being forced to strip before
male officers, mocked for her clothing, and held in cells that put her safety at risk.
Her case, which exposed glaring legal and structural gaps, has now set a precedent
that could reshape how Kenya treats intersex and transgender persons within the
justice system.
