High Court’s Landmark Ruling Recognises Transgender Rights, Orders Legal Reforms

Kenya has taken a historic step toward recognising the rights of transgender persons after the High Court in Eldoret issued a groundbreaking ruling that could reshape the nation’s legal and policy framework.

On August 12, Justice Reuben Nyakundi delivered a judgment in favour of a transgender woman, identified in court records as SC, who petitioned the state after allegedly facing degrading treatment while in custody.

The court acknowledged violations of her dignity, privacy, and freedom from inhuman and degrading treatment, awarding her Ksh1 million in damages.

In his ruling, Justice Nyakundi directed the government to enact a Transgender Protection Rights Act or alternatively, amend the Intersex Persons Bill, 2024, to include transgender persons within Kenya’s legal framework.

Currently, the Intersex Bill provides recognition for individuals born with atypical sex characteristics but lacks provisions addressing the struggles of the transgender community.

The case, which began in June 2019, drew national attention after SC—who had obtained a birth certificate and passport with a female sex marker—was arrested at Moi Teaching and Referral Hospital in Eldoret and charged with “personation.”

 Initially detained in the women’s section of a police station, she was later transferred to Eldoret Women’s Prison, where she reportedly endured non-consensual strip searches and invasive “gender determination” procedures, including hormone testing and blood sampling.

Justice Nyakundi ruled that these acts constituted gross human rights violations and recommended amendments to the Prisons Act to better safeguard transgender individuals in custody.

The Kenya Human Rights Commission (KHRC) welcomed the decision on August 24, describing it as a milestone in advancing conversations on gender identity and equality. “This ruling affirms the constitutional rights of transgender persons and sets the stage for long-overdue policy reforms,” KHRC stated.