The Kenya Human Rights Commission has welcomed a landmark court ruling affirming that Kenyan law does not expressly bar applications seeking amendment of sex or gender markers in official records, in a decision seen as a major step forward for transgender rights in the country.
In a judgment delivered by Justice Bahati Mwamuye, the court held that blanket refusals by state agencies to amend sex or gender markers amount to continuing constitutional harm.
The case arose from Petition 27 of 2020 filed by Audrey Mbugua and two other petitioners whose identities were withheld for safety reasons.
Rights groups including Jinsiangu and Amka Africa participated in the case as interested parties supporting the petition.
KHRC described the ruling as a significant affirmation of the rights to dignity, equality, privacy, and recognition for transgender persons in Kenya, saying the court had reinforced the constitutional obligation of public institutions to act lawfully, reasonably, fairly, and in line with the Bill of Rights.
The commission noted that transgender persons often face major challenges when official identity documents do not reflect their lived realities, including difficulties accessing healthcare, education, employment, housing, travel, and financial services.
The judgment also emphasized the need for continued engagement among government institutions, policymakers, administrative agencies, and affected communities to develop practical and rights-based policies addressing the realities faced by transgender persons.
KHRC said it was ready to work with state agencies, constitutional commissions, Parliament, and other stakeholders to help develop fair and clear administrative measures following the ruling.
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