Parliamentarian Push for Third Gender, Kenya
Isaac Mwaura, a Kenyan Parliamentarian, wanted the Kenyan Parliament to pass the option of a third gender in order to legally recognise intersex people. Photo: BBC
Legislation
State Sued for Refusal to Change Names on Identity Cards, Kenya
Five transgender Kenyans sued the State of Kenya in October 2015 for refusing to process the change of names on their national identity cards. The state had processed their new passports but refused to do the same for their national identity cards. Some of these applications had been made in 2010.
High Court Rejects TEA’s Petition Against Medical Board, Kenya
The High Court dismissed Transgender Education & Advocacy (TEA)’s case, filed in July 2014, calling it premature, as the medical board had formed a task force to advise the Ministry of Health on the development of guidelines on the management of “transsexualism”. TEA was ordered to pay the state’s legal fees.
High Court Orders Removal of Gender Marks and Name Change in Academic Certificates, Kenya
Kenya’s High Court issued a ruling compelling the Kenya National Examinations Council (KNEC) to issue Audrey Mbugua with a new certification with her new name and without a gender mark after she filed a case in March 2013 through the Transgender and Education Advocacy (TEA). The Court observed that “Human dignity is that intangible element …
Constitutional Court Dismisses the Anti-Homosexuality Bill, Uganda
On 1 August 2014, the Uganda constitutional court dismissed the Anti-Homosexuality Bill, which had caused controversy both in Uganda and across the world. The court ruled that the Anti-Homosexuality Bill was null and void, citing procedural irregularities during its passage and asserting the vote cast on the Bill in Parliament technically lacked the necessary quorum to have …
Constitutional Court Dismisses the Anti-Homosexuality Bill, Uganda Read More »
Landmark Victory in High Court for Transgender Education & Advocacy (TEA), Kenya
In a historic court battle initiated in 2013, Transgender Education and Advocacy (TEA) won a landmark case in Kenya’s High Court on 23 July 2014. After being denied the right to register as an NGO, the organisation sued the Kenyan NGO Coordination Board for discrimination and violation of their fundamental human rights. In his ruling, …
Landmark Victory in High Court for Transgender Education & Advocacy (TEA), Kenya Read More »
Transgender Education & Advocacy (TEA) Files Civil Application for Judicial Review of Medical Guidelines for Trans People, Kenya
Transgender Education & Advocacy (TEA) filed a judicial review application to the Kenyan High Court on 10 July 2014 seeking an order to compel the Kenya Medical Practitioners and Dentist Board, and the Ministry of Health to develop medical guidelines for the treatment of trans persons.
The passing of the Anti-Homosexuality Bill, Uganda
The Ugandan parliament passed the Anti-Homosexuality Bill into law on 14 February 2014. The Bill criminalised any sexual acts and relations between people of the same sex. The maximum sentence for such offences would be the death penalty or life imprisonment. In the few years leading to the signing of the Bill into law, although the language used …
The passing of the Anti-Homosexuality Bill, Uganda Read More »
Transgender Education & Advocacy (TEA) Sues State of Kenya and NGO Coordination Board, Kenya
On 23 August 2013 the board of Transgender Education & Advocacy (TEA), comprising 3 trans Kenyans – Audrey Mbugua, Maureen Muia, and Annet Jennifer – sued the Kenyan State and the NGO Coordination Board for refusing to register TEA as an NGO. The State and the Board opposed the case, indicating that they could not …
High Court Upholds Trans Woman’s Human Rights Violation Petition
On 14 June 2013, Kenya’s High Court upheld Batha Nthungi’s petition filed a year earlier, in which she declared that being stripped and physically assaulted by the Kenyan Police violated her human rights (A.N.N v Attorney General). The Court agreed that the stripping of her in the glare of the media was meant to humiliate …
High Court Upholds Trans Woman’s Human Rights Violation Petition Read More »
Trans Woman Files Case at High Court, Kenya
In March 2013 Audrey Mbugua, a trans woman, filed a case (JR Case No. 147 of 2013) at Kenya’s High Court to compel the Kenya National Examination Council (KNEC) to change the name on her high school diploma. She also sought the removal of the male sex marker on her certificate.
Appeal to Parliament Regarding Failure of Implementation of the Alteration of Sex Description and Sex Status Act, South Africa
Gender DynamiX (GDX) and a cohort of other trans organisations lodged an appeal to the South African Parliament on 13 November 2012 with regard to the ongoing failure to implement the Alteration of Sex Description and Sex Status Act, Act 49 of 2003.
Trans Woman Files Constitutional Petition, Kenya
Batha Nthungi, a trans woman, filed a constitutional petition (240 of 2012) against Kenya’s Attorney General for violation of her human rights on 6 June 2012. She had been arrested in 2011 and stripped by a police officer after it was discovered that she was transgender.
Trans Woman, Sues the State for the Right to Gender Marker Change, Botswana
Batswana trans woman, Tshepo Ricky Kgositau, applied to the Civil and National Registration office in Gaborone, Botswana to change her documentation in the national register from male to female in 2011. She argued that the State has a duty to realise the constitutional protection of rights and amend her Omang (identity document), as “her birth-assigned …
Trans Woman, Sues the State for the Right to Gender Marker Change, Botswana Read More »
Labour Court Rules in Favour of Trans Woman, South Africa
The South African Labour Court ruled in favour of reinstating Christine Elhers after she took her employer, Bohler Uddeholm, to court for unfair discrimination and for dismissing her based on her gender identity. Judge Francis not only ruled for reinstatement but ordered the company to backpay Christine the salary she had lost between her dismissal …
Labour Court Rules in Favour of Trans Woman, South Africa Read More »
Auntie Tiwonge and Steven Monjeza Sentenced, Then Pardoned, Malawi
In May 2010, Auntie Tiwonge and Steven Monjeza were sentenced to 14 years of hard labour after being arrested on charges of gross indecency for publicly celebrating their relationship the previous year. However, Malawian President Mutharika reversed this decision after a meeting with UN Secretary-General, Ban Ki-Moon, and gave the couple a full pardon. Homosexuality …
Auntie Tiwonge and Steven Monjeza Sentenced, Then Pardoned, Malawi Read More »
Arrest of Auntie Tiwonge and Steven Monjeza, Malawi
Auntie Tiwonge and Steven Monjeza celebrated their relationship at Auntie’s place of work in December 2009. Various mainstream media in Malawi published announcements of the “first gay marriage” in Malawi. This media attention alerted the authorities and Auntie and Steven were arrested on charges of gross indecency. Gender DynamiX (GDX) developed a media drive that …
Arrest of Auntie Tiwonge and Steven Monjeza, Malawi Read More »
Anti-Homosexuality Bill draft introduced to parliament, Uganda
On 14 October 2009 the Anti-Homosexuality Bill was introduced to parliament in Uganda, sparking international outrage and condemnation. The bill sought to further criminalize homosexuality in the country, imposing life imprisonment for those found guilty of engaging in homosexual acts, as well as imposing harsh penalties for those who failed to report known homosexuals to …
Anti-Homosexuality Bill draft introduced to parliament, Uganda Read More »
Court Rules in Favour of Gay and Lesbian Film Festival, South Africa
The Out in Africa (OIA) Gay and Lesbian Film Festival won its case against the South African Film and Publications Board to unban the film XXY in August 2009. At the end of February of that same year, OIA argued in court against the initial decision to ban the film was based on discrimination, because …
Court Rules in Favour of Gay and Lesbian Film Festival, South Africa Read More »
Court Rules in Favour of Victor Mukasa, Uganda
After a trial of three years, the Ugandan High Court ruled in Victor Mukasa’s favour. In this landmark ruling, the Court declared that the Government of Uganda had indeed violated the rights of privacy of the members of the organisation, Sexual Minorities of Uganda (SMUG), when the home of Victor Mukasa was unlawfully raided in …