Gov't directed to change name of minor assigned female at birth, now identifying as male

The ruling came in a petition where the minor, who was assigned female at birth, but now presents as male, sought urgent relief to have official records amended ahead of national examinations.

“The male attributes are dominant, and this order is necessary to enable the minor to identify, register, and sit for exams in accordance with their current identity,” lawyer Matiko Mang'era and Eric Keli said

During Monday’s proceedings, the Attorney General and National Assembly’s counsel appeared in court alongside while Katiba Institute and Next Gen lawyers were enjoined as interested parties.

The court granted the petitioners leave to amend their pleadings, while respondents were directed to file responses within 14 days.

The matter will be mentioned on November 17, for further directions.

Meanwhile, the court issued interim orders to ensure that the minor is not disadvantaged in accessing education or recognition due to inconsistencies in their official documents.

The petition has been filed in court on behalf of more than 1,000 intersex persons together with World Post Changers Network.

They argue that the petition raises far-reaching questions about healthcare, education, and legal recognition of one of Kenya’s most marginalized communities.

The case seeks to address ongoing violations of the rights of intersex children and adults across the country.

“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,” submitted lawyer Matiko Mang'era and Eric Keli.