26 July 2022 — Recognition and Protection of Intersex Children Under the Kenyan ‘Children Act of 2022’, Kenya
Voted into Kenyan law on the 26th of July 2022, section 21 of The Children Act, 2022 legally recognises intersex children, ensuring their right to appropriate documentation and protection. Section 21 of the Act states
“An intersex child shall have the right to be treated with dignity, and to be accorded appropriate medical treatment, special care, education, training and consideration as a special need category in social protection services.”
The Act
- ensures intersex children can access necessary services, including healthcare, education, and social security
- recognises the existence and rights of intersex children in order to ensure that they are not excluded from legal recognition and protection
- mandates measures and steps for correct documentation and registration of intersex people, including their right to amend their sex markers on official documents
- promotes social justice, national values and principles of governance to ensure intersex children have the right to equality and inclusion as outlined in the Kenyan Constitution
- aims to end historical discrimination and ensure that intersex children are treated the same as other children.
The Act defines the intersex child as
“as one with congenital conditions where biological sex characteristics cannot be exclusively categorized as female or male.”
Kenyan intersex, trans and gender. non-conforming advocacy organisation, Jinsiangu, states in this document, that the Act’s definition of intersex children has
“offered a safe space to ensure that the status of being intersex does not deprive an intersex person of their constitutionally guaranteed rights under the Bill of Rights.”
The Act also states that
“An intersex child shall have the right to be treated with dignity, and to
be accorded appropriate medical treatment, special care, education, training and consideration as a special need category in social protection services.”
Jinsiangu writes that
“This Section generates a very huge strides towards the realization, fulfilment, protection and promotion of the standards of living of these vulnerable children. They hitherto suffered from discrimination and denial of access to education and health offending their right to dignity. They can now glow and smile given that their status and dignity has been elevated to that of humanity.”
Jinsiangu also writes that the provisions in the Act
“allow for the long-awaited registration framework for intersex children within the Birth and Deaths Registration Act alongside boys and girls. This simply means that the law accords them recognition and they are now able to enjoy Constitutionally guaranteed rights as any other child and citizen of the republic of Kenya. What a milestone towards the realization of social justice. It is a first in Africa.”
Our interview with Frankie Kibagendi, Kenyan politician and intersex rights activist
In this clip from our interview on the 23rd of May 2025 with Kenyan Frankie Kibagendi, intersex activist and politician, and Director of Intersex Kenya Advocacy and Education (I.K.E.A.), speaks about the Act and the situation for intersex people in Kenya:
Watch the full interview with Frankie: