High Court Landmark Ruling Affirms Transgender Identity, Orders Govt to Enact Protection Act
The High Court in Eldoret has made history after recognising the legal identity and constitutional rights of transgender persons.
The landmark ruling, delivered on August 12, is expected to reshape Kenya’s laws and public policy.
Transgender Rights Recognised
The case was filed by a transgender woman identified as SC, who accused state agencies of degrading treatment while in custody.
Justice Reuben Nyakundi declared that SC’s rights had been grossly violated. He directed the government to enact a Transgender Protection Rights Act without delay.
“The state subjected SC to inhuman and degrading treatment. Her dignity and right to privacy were trampled upon,” ruled Justice Nyakundi.
He further ordered that the government could alternatively amend the Intersex Persons Bill, 2024 to include protections for transgender persons.
A Painful Ordeal
SC’s case dates back to June 2019 at Moi Teaching and Referral Hospital, Eldoret.
She had been arrested and charged with personation under the Penal Code.
Initially, police placed her in the women’s holding cells, but later she was transferred to Eldoret Women’s Prison.
What followed was humiliation.
“She was subjected to invasive strip searches and a forced ‘gender determination’ procedure,” the court heard.
Court Awards Damages
Justice Nyakundi ruled that the state violated SC’s rights to equality, dignity, and freedom from degrading treatment.
He awarded her KSh1 million in damages for the trauma.
The judge also directed the Attorney General’s office to consider amending the Prisons Act to safeguard transgender persons from similar abuse while in custody.
Wider Implications
Currently, the Intersex Persons Bill, 2024 does not explicitly recognise transgender people. It mainly protects individuals born with sex characteristics that do not fit the typical male or female categories.
By affirming transgender identity, the court has now pushed the government to fill this gap in the law.
Rights Groups React
The Kenya Human Rights Commission (KHRC) welcomed the decision.
“This ruling is a milestone for equality and human dignity. It strengthens the ongoing fight for transgender rights,” KHRC said in a statement on August 24.
Activists now hope that Parliament will fast-track laws that guarantee full protection for transgender individuals across the country.
ALSO READ: CS Wandayi Forms 35-Member First Oil Committee to Unlock Kenya’s Petroleum Dreams
High Court Landmark Ruling Affirms Transgender Identity, Orders Govt to Enact Protection Act
