The media plays an important role in shaping public understanding of intersex people. While African intersex advocates have long been telling their own stories through books, documentaries and other organisational work, British Broadcasting Corporation (BBC) reporting has helped bring some of these voices to international audiences. This article highlights three BBC stories that shed light on the realities, challenges and resilience of intersex people across Africa.

Julius Kaggwa — Uganda

“Becoming Julius: Growing up intersex in Uganda” (2017) is the personal story of Julius Kaggwa, from being raised as Julia to becoming Julius, one of Africa’s leading intersex activists. The piece explores his childhood, stigma, school experiences, identity, the journey into advocacy and the family he has built. It is both deeply narrative and an important story on how intersex advocacy in East Africa began. The story is beautifully illustrated by PositiveNegatives for the Open Society Foundations. Julius Kaggwa is the Founder of Support Initiative for People with Atypical Sex Development (SIPD). You can read the full BBC story here.

Mphatso Sakala — Zambia

The short documentary, “Being intersex: I wanted to be my true self” (2019), produced by BBC Africa’s Life Clinic, explores Mphatso Sakala’s story of disclosing his truth to his childhood friend who became a sister, Miriam. The film explores the emotional impact of secrecy, family expectations, self-discovery and the courage it takes to live openly in a society where intersex people often face misunderstanding and stigma. He shares a deeply personal story of his intersex journey, especially the reality that comes with being different from the rest, being assigned female at birth and eventually embracing their authentic identity. The journey is not about becoming someone else but about living genuinely. Sharing his story publically, Mphatso helps challenge stigma and encourages greater understanding of intersex people in Zambia and across Africa. Mphatso is the Founder and current Executive Director of Intersex Society of Zambia (ISSZ). Watch the BBC documentary:

James Karanja — Kenya

Kenya was the first African country to recognise intersex as a gender category in their 2019 population census. In this BBC article, James Karanja narrates his childhood story as an intersex person born in Kenya unselfishly sharing the struggles of an intersex child and their family and explaining why being counted matters. James was assigned female at birth and raised as Mary because his family and the health care providers were uncertain how to classify his sex. As he grew older, his body developed more typically male characteristics, leaving him to navigate confusion, stigma and rejection within his community. Through self-discovery and advocacy, he embraced his identity as James Karanja and became a leading voice for the intersex rights in Kenya. The timing of the BBC story is significant as it coincided with Kenya’s historic decision to collect data on intersex people during the national census, making the country the first in Africa to do so. For James, this was acknowledgement that intersex people exist and deserve equal access to services, legal protection and public policy. By weaving James’ personal story with Kenya’s landmark census, the BBC demonstrated that behind every policy milestone, there are real people whose lives have been shaped by invisibility and this should no longer be the way forward. Watch the BBC documentary here:

These stories have helped move public conversations beyond myths and misconceptions especially when told right. While no single media outlet can capture the diversity of intersex experiences, because they go way beyond just these stories, responsible journalism can increase understanding, reduce stigma and encourage informed discussions about bodily autonomy and human rights. Continue reading these stories in our archive to experience wider realities of intersex lives. 

This article was written by our Intersex Content Contributor, Delphine Barigye

Valentin (middle name used to protect the activist) is a young Beninese person who was born and raised in Niger. His childhood was marked by stigma, misunderstandings, and many questions related to his experience as an intersex person. For a long time, he tried to understand who he was in a society where differences are often poorly understood. Over time, he learned to accept himself and transform his lived experience into a source of advocacy.

Today, his commitment is to raise public awareness about the reality of intersex people. He wants people to understand that being intersex is not a choice: it is how one is born. Through his testimony and his activism, he works towards greater understanding of human bodily variations, the fight against prejudice, and the respect for the dignity and rights of all intersex people.

To begin simply, could you tell me about yourself?

“My name is Valentin. I was born in Niger and grew up there, although my family origins are from Benin. My parents settled in Niger for professional reasons before I was born, and it is here that I have built my entire life. I am an intersex person, an activist, and the founder of Voie Divine, an organisation that raises awareness about intersex realities in Niger. My commitment was born from my personal experience. For a long time, I lived without truly understanding who I was. I faced stigma, mockery, insults, exclusion, and misunderstanding. Today, I work so that other intersex people can have access to the information, support, and acceptance that I sometimes lacked during my childhood and adolescence.”

When you look back, what are the earliest memories you have of growing up and understanding yourself?

“When I think back to my childhood, what I remember most is a feeling of being different that I could not explain. From a very young age, I noticed that certain things in my life were different from those of other children. I asked myself many questions about who I was, but I could not find answers. At that time, I knew nothing about being intersex. I only knew that there was something I did not understand about my identity and my body. This feeling of not being like others stayed with me throughout much of my childhood.”

As a child, how did you experience your body, your identity, and the way people around you responded to you?

“My childhood was marked by many questions about my body and my identity. I felt different without being able to explain why. I was simply looking to be accepted like other children, but this was not always easy. The way others looked at me had a significant impact on me. Some people saw me as different, and this sometimes resulted in mockery, insults, or rejection. As a child, I did not understand why this was happening to me. These experiences sometimes affected my confidence and pushed me to search for more answers about my identity.”

Were there moments in your early life that confused you, or made you feel different before you had words for it?

“Yes, several moments deeply marked my childhood and adolescence. Some memories remain particularly painful. I remember that some people tried to forcibly check what was underneath my clothes or underwear because they had doubts or questions about my body. These situations were extremely humiliating and traumatic for me. I did not understand why I had to go through this. I also remember being pointed at, insulted, or publicly identified as someone different. On several occasions, I experienced physical or verbal violence because of this difference that others perceived. Some people would hit me or mistreat me because they did not understand who I was. At that time, I did not yet have the words to describe what I was experiencing. I only felt confusion, sadness, and sometimes loneliness. These experiences deeply influenced my life journey.”

Who were the most important people around you growing up and how did they shape how you saw yourself?

“The most important people in my life were members of my family. Despite the difficulties I experienced outside, I was fortunate to have a family that accepted me as I am. Their love, support, and presence allowed me to continue moving forward even during difficult moments. They helped me understand that my value did not depend on the opinions or judgments of others. Without their support, it would have been much more difficult for me to face the discrimination and violence I experienced.”

At what point did you begin to understand that your experience had a name or meaning beyond your personal story?

“I began to truly understand my experience in 2023. For many years, I only knew that I was different, but I did not understand why. I had many questions that no one seemed able to answer. I then began my own research to understand who I really was. It was through this research that I discovered intersex variations. For the first time, I found information that matched my lived experience. I also started watching videos, listening to testimonies, and reading stories from intersex people from different countries. By listening to their experiences, I recognised myself in many of their stories. This helped me understand that I was not alone and that other people were living realities similar to mine. This discovery gave meaning to many experiences I had lived through since childhood but had never been able to explain.”

How did that discovery affect you emotionally at the time? Was it a moment of clarity, struggle, fear, or something else?

“This discovery represented a major turning point in my life. At first, I felt an immense sense of relief. After years of questioning, I had finally found answers. Understanding who I was brought me an inner peace that I had never experienced before. At the same time, this discovery made me reflect on all the difficulties I had gone through: the humiliations, insults, violence, and discrimination. It was painful, but it also helped me understand that these experiences did not define my worth. From the day I understood who I truly was, I developed greater confidence in myself. I stopped being ashamed of my difference. Today, I walk with my head held high. I am no longer afraid of other people’s opinions or judgments. On the contrary, this discovery gave me the strength to affirm myself, defend my rights, and transform my personal experience into a commitment to support others. It was this awareness that led me to create Voie Divine. Through this organisation, I want to enable other intersex people to find the information, support, and understanding that took me so many years to obtain.”

How did your identity as an intersex person influence that journey in any way?

“While growing up, I did not know that I was an intersex person, but I felt that I was different from others. For a long time, I searched to understand who I truly was. It was through my own research that I discovered my intersex variation. This reality influenced my life journey, especially because I experienced stigma, insults, mockery, and rejection from primary school through university. Despite these difficulties, I was fortunate to have a family that accepted me as I am.”

When you think of “home” now, what does it mean to you?

“For me, ‘home’ is above all a place where I feel accepted, respected, and safe. It is also the place where my family, my points of reference, and the people who support me are found. Although my family origins are from Benin, Niger is the country where I grew up and where I built my identity. Therefore, this is where I truly feel at home.”

Activism & Leadership Journey

When did you first begin to see yourself as an activist, not just someone living your own experience?

“I truly began to see myself as an activist in 2023, after discovering my intersex variation. Before that, I was mainly on a personal journey of understanding myself, without considering myself as an engaged advocate or activist. It was when I understood that my experience was not isolated and that other intersex people were living similar realities that I felt the need to take action. The creation of Voie Divine marked the concrete beginning of my activism, with the objective of raising awareness, providing information, and supporting intersex people in Niger.”

What does leadership mean to you in this context?

“For me, leadership is not about directing others, but about serving, listening, and opening pathways for understanding. It is the ability to transform a personal experience into collective action to improve the lives of others. In my context, leadership also means having the courage to speak about a subject that is highly taboo, carrying the voices of people who are often invisible, and creating a space where they can be recognised and respected. It is a commitment that requires responsibility, humility, and perseverance.”

What have been some of the risks or fears you have had to navigate?

“The risks are multiple and connected to the social and cultural context of Niger. The first is the strong stigma surrounding intersex variations, which remain very little known and often misunderstood. People engaged on this issue are sometimes automatically associated with the LGBT community, which leads to social judgment and prejudice. In this context, even though no law directly criminalises certain identities, social perceptions remain very negative. This can make awareness work difficult and limit opportunities for public action or official recognition. There is also a constant fear of being misunderstood, rejected, or reduced to a single label, whereas the work being carried out is primarily about human rights, dignity, and raising awareness about intersex variations.”

What keeps you going on difficult days?

“My main motivation comes from my own experience. I grew up without understanding who I was, living through confusion, stigma, and sometimes violence. I do not want other intersex people to go through the same suffering in silence. In 2023, I began connecting with international and regional organisations working on intersex issues. These encounters greatly strengthened my commitment. I particularly collaborated with AIM (African Intersex Movement), led by Obioma, as well as CIA, led by Loé Petit in France. These organisations supported me greatly in building my activist journey and in strengthening the structure of Voie Divine. AIM allowed me to participate in a research committee on intersex people in West Africa. As part of this work, we were invited to Nigeria for training on research methods and approaches adapted to intersex realities. This experience was very educational and helped me better structure my activism. Today, my motivation also comes from the belief that every person deserves to be informed, respected, and recognised in their human dignity. Every step forward, even a small one, represents a victory for the intersex community and for the awareness work we carry out through Voie Divine.”

Voie Divine

At what point did Voie Divine begin to take shape in your mind or in your life?

“Voie Divine began to take shape in 2023, shortly after my discovery of intersex variations. For many years, I had lived with questions about my identity without truly understanding what I was experiencing. In 2023, through my personal research, I finally discovered intersex variations and understood who I truly was. This discovery marked a turning point in my life. I began watching videos, reading testimonies, and following the journeys of other intersex people around the world. For the first time, I recognised myself in the experiences of others. I understood that I was not alone and that what I was experiencing had a name. At the same time, I realised that in Niger, very few people knew about this reality. I began asking myself how many other people were living in silence, confusion, or suffering without access to information. It was at this moment that the idea of creating an awareness-raising organisation began to emerge.”

Was there a specific moment, experience, or frustration that pushed you to create it?

“Yes. My personal journey was the main motivation behind the creation of Voie Divine. Since childhood, I had faced difficult situations. I experienced insults, mockery, stigma, and rejection because of my difference. Some people even tried to forcibly check what was underneath my clothes because they did not understand my body. I was also a victim of physical violence simply because I was perceived as different. For a long time, I had no explanation for what I was experiencing. When I discovered intersex variations, I understood how essential information is. I then promised myself that other people should not have to spend as many years as I did searching for answers about their identity. I decided to create Voie Divine in order to provide information to intersex people, raise awareness in society, and create a space where people concerned could come together, share their experiences, and support one another.”

Why the name “Voie Divine”—what meaning does it carry for you?

“The name “Voie Divine” reflects the fundamental values of our organisation. The word “Voie” (Path) symbolises the fact that we all have different paths in life. Every person is born with their own story, reality, and journey. Some people are born with particular characteristics, such as intersex variations, which influence their life experiences. This word therefore represents the different paths that each person takes to understand themselves, accept themselves, and find their place in society. The word “Divine” refers to faith. It expresses my belief that, despite our differences, we are all creations of God and made in His image. We do not choose the characteristics with which we are born. For this reason, every person deserves respect, dignity, and acceptance. Through this name, we want to share a message of hope, respect, and recognition of the value of every human being.”

When you first started, what did you imagine it would become?

“When I started, I primarily imagined a space for information and awareness raising. I wanted intersex people to have access to the information that I myself had struggled so much to find. I also hoped to create a community capable of bringing together intersex people in Niger so that they could exchange, share their experiences, and support each other. I dreamed of an organisation that would contribute to reducing prejudice, raising awareness among families, and promoting respect for the rights of intersex people. Even today, I hope to see Voie Divine become a recognised organisation that works with communities, institutions, and partners to improve understanding of intersex variations in Niger.”

What were those early days like when Voie Divine was just beginning?

“Voie Divine was officially created on 2 June 2023 in Niger, only a few months after my discovery of intersex variations. The beginnings were modest. We had few resources, but we had a lot of motivation. We started by sharing information, raising awareness among those around us, and organising awareness activities. Little by little, we began making our mission known and drawing attention to a reality that remains largely unknown in the country. Since the beginning, we have particularly focused on awareness activities in order to make the voices of intersex people heard and promote a better understanding of their realities.”

What challenges have you encountered?

“The challenges have been numerous and continue today. The first challenge is that intersex variations remain a very taboo subject in Niger. Many people do not know about this reality or prefer not to talk about it. Prejudices, misconceptions, and stigma make awareness work particularly difficult. Another major challenge concerns the formalisation of the organisation. Currently, Voie Divine continues to operate informally. We have begun steps to obtain official recognition, but we have encountered several obstacles. Some people consider intersex issues to be too sensitive or too delicate to allow the organisation to be formally recognised. This situation limits our possibilities for development and access to certain partnerships or funding opportunities. Financial difficulties are also a considerable challenge. To date, Voie Divine does not have stable funding. We often use our own personal resources to carry out activities. Every first Sunday of the month, we organise awareness activities using our own means. Despite our commitment, the lack of funding greatly limits our ability to reach more people and develop our programmes. Today, Voie Divine suffers greatly from a lack of financial resources, even though the need for information and awareness raising is significant.”

Did you ever doubt whether it would continue?

“Yes, I have had moments when I doubted several times. The financial difficulties, the lack of official recognition, and the many obstacles linked to prejudice can sometimes be discouraging. However, whenever I think about my own journey, the years of confusion I experienced before understanding my identity, and the suffering I went through, I find the motivation to continue. I also think about intersex people who are still living in silence, isolation, or misunderstanding. Knowing that our work can help someone better understand their reality or feel less alone gives me the strength to continue this mission. Despite the challenges, I remain convinced that Voie Divine has an important role to play in raising awareness, providing information, and defending the dignity of intersex people in Niger.”

If we were to understand Voie Divine today through your eyes, what would I see?

“Through my eyes today, we would see a complex reality, between difficulties and hope. On one hand, intersex variations remain very little known in Niger and are strongly surrounded by taboos. When the issue is discussed, it is often misunderstood and interpreted in different ways: some people talk about deformity, abnormality, a curse, or even a spirit depending on their beliefs. This lack of information contributes to strong stigma against intersex people. In this context, many intersex people live in silence and fear. Some hide themselves to avoid family or social rejection. Others have experienced very difficult situations from birth, ranging from abandonment to violence or violations of their dignity. Although these realities are rarely documented, they exist and reflect the vulnerability of intersex people within society. On the other hand, I also see gradual change through awareness raising. People are beginning to ask questions, seek understanding, and reconsider their perceptions. Voie Divine contributes to opening a space for dialogue, information, and recognition, even though the journey is still long.”

Who are the people you are mainly working with?

“Voie Divine is currently mainly carried by me, with the support of a few close people who share the vision of the organisation and accept me in my commitment. We also work through exchanges and collaborations with organisations and networks engaged on intersex issues at regional and international levels. Among them, I can mention the African Intersex Movement (AIM), led by Obioma, and CIA, led by Loé Petit in France. These relationships have played an important role in my activist journey, particularly in terms of training, research, and strengthening my engagement. The organisation is still informal, with a small team based on trust, personal commitment, and the desire to raise awareness.”

What kinds of support or interventions are most needed?

“Voie Divine needs several types of support in order to strengthen and develop its work. The first is financial support. Currently, the organisation operates with very limited resources and relies largely on personal contributions. We organise awareness activities every first Sunday of the month, but they are financed through our own resources, which limits their reach and consistency. The second is institutional support. At present, Voie Divine is not yet formally recognised, particularly because of the sensitivity of the issue within the Nigerien context. The process of formalisation is difficult, which limits opportunities for partnerships and development. There is also a need for capacity strengthening, particularly in awareness raising, research, and advocacy, in order to improve the impact of the work being carried out. Finally, social support is essential to reduce stigma and promote better understanding of intersex variations within society.”

Can you share a moment where you felt the work made a real difference for someone?

“One of the most significant moments in my journey happened during an awareness activity, when we were sharing stories and information about intersex variations. A person approached us and recognised themselves in the experiences that were being described. After several discussions and conversations, this person stated that they were intersex. This moment was very powerful because it showed the direct impact of awareness raising and the importance of creating spaces for listening and information. Sometimes, these spaces allow people to put words to what they have been experiencing silently for a long time. However, a few months later, this person returned and denied being intersex. I understood this situation as a possible consequence of social and family pressure, in a context where intersex variations remain highly stigmatised. This experience deeply affected me. It helped me understand the extent to which social pressure can influence people’s identity and their ability to speak about their experiences. It also showed me how difficult it can be for some people to accept and openly express their reality. Despite this, it strengthened my determination to continue awareness raising and to create safe spaces where people can express themselves freely, without fear or judgment.”

What kind of world are you hoping Voie Divine helps to build?

“We want to build a world where differences are no longer seen as abnormalities, curses, or reasons for rejection, but as a natural part of human diversity. A world where every child, including intersex children, is welcomed with respect, protection, and information. A world where no one is excluded because of their body, identity, or personal history. A world based on human dignity, acceptance, and social justice.”

Connection to the Wider Movement

How do you see Voie Divine fitting into the broader African intersex movement?

“I see Voie Divine as an emerging but essential initiative within the African movement for the defence of intersex people’s rights. Although the organisation is still young and operates informally, it represents an important voice from Niger in a space where intersex variations remain largely invisible and often misunderstood. Within the African movement, Voie Divine plays a grassroots role: documenting local realities, raising awareness among communities, and bringing forward the voices of intersex people in a context where they are often invisible. It is also a space of resistance and awareness raising in response to social and cultural taboos.”

How did you join the intersex movement? Are there connections or solidarities that have been important for you? 

“My entry into the movement happened gradually in 2023, after discovering my own intersex variation. While searching to understand my identity, I began connecting with spaces for information and organisations working on intersex issues. It was through these searches and exchanges that I joined several activist networks. I was particularly in contact with organisations such as AIM, led by Obioma, and CIA, led by Loé Petit. These organisations supported me in understanding the issues and building my commitment. I also participated in research and training activities, particularly through a committee on intersex people in West Africa with AIM. A training organised in Nigeria allowed me to gain methodological tools and better structure my activism. At the same time, my personal journey, marked by difficulties accessing employment, financial insecurity, and experiences of stigma, strengthened my commitment to this movement.”

The Reality of Intersex Lives in Niger

Through your work and experience, what have you come to understand about the realities of intersex people in Niger?

“In Niger, I have understood that intersex variations are very little known as both a medical and human reality. When they are known, they are often misunderstood or incorrectly defined. Depending on the person, it may be perceived as a deformity, an abnormality, a curse, or sometimes even as a spiritual sign or a “spirit”. There are therefore several different perceptions, but very little reliable and scientific information. In reality, intersex people often live in silence and fear. The majority prefer to hide in order to avoid judgment, rejection, or violence. The lack of information creates strong stigma and prevents many people from openly living their reality.”

How are intersex children usually received in families or communities?

“The reception of intersex children is often marked by confusion and misunderstanding. At birth, families and communities may be shocked or disoriented when faced with sexual characteristics that differ from usual expectations. In some cases, this can lead to rejection, shame, or fear. Some families may be influenced by cultural or religious beliefs, which can increase stigma. However, there are also families who choose to protect and accept their child despite the lack of information.”

What happens when a child is born with variations in sex characteristics?

“When a child is born with variations in sex characteristics, the situation is often handled in silence and without appropriate support. There may be significant social pressure to quickly “normalise” the child or assign them an identity that conforms to society’s expectations. In some cases, medical or social decisions are made at a very early stage, sometimes without complete information or without the informed consent of the person concerned. This can have important consequences for their future life. There are also very difficult situations where children are abandoned at birth or hidden by their families because of fear of social judgment. In extreme cases, some people may experience serious violence or violations of their fundamental rights. These realities, although rarely officially documented, exist in certain contexts.”

What kinds of beliefs or myths exist around intersex people?

“Several myths still surround intersex variations in Niger. Some people believe that it is a curse, a divine punishment, or a supernatural phenomenon. Others describe it as a “deformity” or an “abnormality” without understanding that it is a natural variation of human sex characteristics. There are also beliefs that intersex people possess spiritual powers or are beings who are different from others. These perceptions, whether negative or based on mystification, all contribute to moving away from scientific reality and reinforcing stigma.”

What are the biggest forms of harm or exclusion you are seeing?

“Intersex people in Niger face several forms of exclusion. First, there is social exclusion, which appears through mockery, insults, rumors, and rejection within communities. This stigma pushes many people to live in secrecy. There is also family exclusion in some cases, when the birth of an intersex child is misunderstood or experienced as a source of shame, sometimes leading to rejection or isolation. On a medical level, some people may experience interventions or early decisions without adequate support or a complete understanding of their situation. Finally, there is significant psychological and identity-based exclusion, because the lack of information and experiences of rejection can deeply affect self-confidence, self-esteem, and the mental well-being of intersex people.”

Personal Reflection 

What support do you need?

“I am currently facing a situation of significant vulnerability. As an intersex person, access to employment is very difficult. In my experience, even when I have managed to obtain professional opportunities, I have sometimes been dismissed once my identity became known or was suspected. This reality makes my professional integration unstable and fragile. Today, I am unemployed, and this directly affects my ability to meet my basic needs, including paying my rent and managing my daily living expenses. I often find myself in a situation where I have to survive with very limited resources. During these difficult moments, I have received support on several occasions from people and organisations committed to this cause, particularly CIA, led by Loé Petit, which provided me with important moral and human support. This support allowed me to continue moving forward despite the obstacles. For a long time, I hoped that my professional situation would improve quickly and that I would be able to access stable employment. However, until now, this remains difficult, and I continue to live with financial instability. The limited resources I manage to obtain are sometimes used for my personal needs, but also to support the awareness activities I carry out through Voie Divine. Despite the difficulties, I remain committed to this work because it is essential for intersex people who continue to live with misunderstanding and stigma. Today, my main need is sustainable financial support that would allow me to stabilise my personal situation and strengthen my advocacy and awareness activities.”

How has this journey changed you as a person?

“This journey has deeply transformed me. For a long time, I lived without understanding myself, with a feeling of being different without being able to name it. The discovery of my intersex variation in 2023 was a major turning point in my life. It allowed me to put words to my experience, but also to understand that I was not alone. I have also gone through difficult experiences marked by stigma, rejection, and sometimes violence. These challenges shaped me and pushed me to transform my pain into commitment and action. Today, I see myself not only as a person directly affected, but also as an actor of awareness and change through Voie Divine.”

What parts feel the most healing or empowering?

“The most empowering aspects of my journey have been awareness, resilience, and meeting other organisations and committed individuals. Discovering intersex variations allowed me to understand my identity and give meaning to my experiences. Resilience helped me continue despite social, economic, and personal difficulties. My exchanges with organisations such as AIM and CIA also allowed me to gain knowledge, open myself to other perspectives, and strengthen my activism. Finally, every person who becomes aware or begins to understand their own reality represents something meaningful and motivating for me.”

When you imagine the future for intersex people in Niger, what do you see?

“I imagine a future where intersex people in Niger and across Africa will no longer have to hide or suffer in silence. A future where they will have access to information, respect, and dignity from birth. I also hope to see Voie Divine become a structured, recognised organisation capable of working effectively on the ground in awareness raising, research, and support. On a personal level, I hope to achieve professional and financial stability that will allow me to live with dignity and continue my commitment.”

If a young intersex person were listening to this conversation, what would you want them to hear from you?

“To a young intersex person, I would like to say that they are not alone. What they are experiencing has a name, an explanation, and above all, human value. It is important not to be ashamed of yourself, even if society can sometimes be harsh or lack understanding. Difference is not a weakness; it is part of human diversity. I encourage them to seek reliable information, surround themselves with caring people, and not remain isolated. A better future is possible, even if the journey may be difficult.”

Thank you for sharing your story so openly. Before we close, is there anything you feel is important that we haven’t touched on?

“I would simply like to add that awareness raising work is essential, especially in contexts where intersex variations are still very little known. Silence and ignorance contribute to the suffering of the people concerned. This is why Voie Divine exists: to inform, raise awareness, and give a voice to those who do not have one. Despite the personal, financial, and institutional difficulties, I remain committed to this mission because it is necessary and urgent.”

This interview with Valentin was conducted by our Intersex Content Contributor, Delphine Barigye.

Out in Yaoundé, the capital of Cameroon, civil society organizations joined forces to speak openly about intersex lives with a goal of shifting how society understands differences in sex traits while also challenging the long standing myths and misconceptions. The conversation led by CRD Femmes Debout, in partnership with Intersex Nigeria, brought together health professionals, community leaders, and advocates to reflect on the realities faced by intersex people in Cameroon. The gathering was supported by Open Society Initiative for West Africa through the Visibility, Inclusion and Recognition of Intersex Persons (VIRAL) project, marking another step in growing efforts across Africa to build awareness and dialogue around intersex issues. 

The conversation stressed how deeply rooted gender norms and limited awareness continue to shape the experiences of intersex people in Cameroon. Many continue to face secrecy, shame and harmful medical practices, particularly when decisions about their bodies are made without their informed consent. By bringing together different stakeholders including healthcare providers and traditional leaders the workshop created space for learning, reflection, and the gradual reshaping of narratives about intersex bodies and rights.

What stood out most was how the gathering lifted up real and personal stories from intersex individuals. This space gave room for listening and learning mostly from those affected the most. Their words showed tough realities around employment, and estranged families yet also illustrating resilience as activists. This meeting in Yaoundé became one point in a longer journey where African advocates push not for attention, but for truth to be seen clearly. 

This reflection is based on the article: “CSOs raise awareness on intersexuality at Yaoundé confab” The Guardian Post Cameroon. Read the original article.

This reflection was written by Delphine Barigye, our Intersex Content Contributor.

In 2023, the United Nations Development Program (UNDP) and the Intersex Society of Zambia published a review titled ‘Being Intersex in Zambia: A Legal and Policy Review’. This Review explored the legal and policy environment in Zambia as it affects intersex people with a focus on their rights and well-being.

In the Executive Summary of the Review, the situation for intersex people in Zambia is summarised as follows:

“Intersex persons are legally ‘invisible’ in Zambia, and there is limited and insufficient research and data on the impact of laws and policies on their rights and well-being. This research found that intersex persons in Zambia face stigma, discrimination, exclusion and institutional violence, and they struggle to realize their rights, including sexual and reproductive health and rights (SRHR), and to participate in society on an equal basis.

In Zambia, the Constitution and various national laws provide for equality, non-discrimination and enjoyment of rights such as education, employment and health care without discrimination. While these rights apply equally to intersex persons, the legal protections appear to be inadequate to protect them from specific rights violations. For instance, while many laws and policies protect all people from discrimination on the basis of sex, they fail to specifically recognize and protect intersex persons as a vulnerable population or to take into account the sexual and reproductive rights and legal status of intersex persons who fall outside the binary model (of male and female), and they contain no explicit references to gender identity, gender expression or sex characteristics.

Rights violations include stigma, discrimination, violence and unfair treatment within various sectors of society, including health care, employment and education; forced and coerced medical treatment, including unnecessary gender ‘normalizing’ surgery on intersex infants without fully informed and autonomous consent; inadequate access to medical records and breaches of medical confidentiality; inadequate access to health information and services to meet their needs; and difficulties in accessing or changing identity documentation (national citizenship sex description and their passports) to reflect their sex or gender status, among other things. In addition, intersex persons struggle to access justice for rights violations.”

Legally, socially and politically, what does it mean to be intersex in Zambia? This Review takes you on a revealing journey through the country’s laws, policies and lived realities to uncover where protections exist, fall short and what can be done better. It also included a review of international, regional and Zambia’s human rights documents, guidance and protocols that impact not just on the rights of intersex persons but also relate to responses from public and private health facilities.

The Review isn’t just about identifying gaps, it’s about imagining better. It offers evidence based, home grown recommendations on how Zambia can create safer, more inclusive environments in schools, hospitals and communities.

In the Foreword to the Review by the UNDP, it states that this Review

“is the product of a highly consultative and rigorous review and provides a comprehensive overview of the policy and legal issues affecting the intersex community in Zambia. The report offers short- and medium-term recommendations and strategies to strengthen protections for the intersex community. It highlights the lack of protections for intersex infants against forced or coercive surgeries, the complex process of legal gender recognition, and the challenges of accessing health and education services.”

In the Intersex Society of Zambia’s Foreword to the Review, they acknowledge the progress made by the Review, but write

“Although we acknowledge the progress made, there is still much work to be done to fully ensure our rights. In Zambia, those who are intersex are subjected to marginalization, societal judgment and mistreatment, as well as violations of their human rights across all aspects of life. For many, receiving legal recognition for their sex or gender remains a major obstacle.

We continue to call for the government to take concrete measures to uphold the rights of intersex persons and provide protection from abuse. This entails putting in place appropriate inclusive legal and policy frameworks aimed at protecting intersex persons from discrimination on the grounds of sex characteristics, including in access to health care, education, employment, sports and in obtaining official identity documents. The government needs to lead in raising awareness of the rights of intersex people; combating the root causes of these violations, such as harmful stereotypes, stigma and pathologizing of intersex persons; providing training to health professionals and public officials, including legislators, the judiciary and policymakers; and ensuring that adult intersex persons decide whether they wish to modify the appearance of their own bodies, and children are allowed to make
an informed decision for themselves at the appropriate age. Access to medical services that respond to their specific health needs based on non-discrimination, informed consent, and respect for their fundamental rights, is a must.

We are making an urgent appeal to the Government of Zambia to prohibit all unnecessary cosmetic medical surgeries and hormonal procedures on intersex children unless there is a major threat to the life of the intersex minor as evidenced with other intersex variations. It is imperative that we uphold the autonomy of intersex adults and children and their right to health, to physical and mental integrity, to live free from violence and harmful practices, and to be free from torture and ill-treatment. Intersex children and their parents should be provided with support and counselling, including by peers.

It is our sincere hope that the Government of Zambia will follow the example of the Government of Kenya, which is considered a benchmark in incorporating intersex individuals into the country’s national statistics census and civic registration systems as full-fledged citizens, particularly in the Registration of Births and Deaths. This includes the adoption and domestication of Resolution 552 and the commitment to implement crucial recommendations outlined in this report.”

Read the full Review.

This entry is brought to you by our intersex content contributor, Delphine Barigye

On 23 October 2022, the Centre for Human Rights, in collaboration with the Support Initiative for People with Atypical Sex Development (SIPD) and the Intersex Community of Zimbabwe (ICoZ), launched the ‘Study on the Human Rights Situation of Intersex Persons in Africa’ Report at the 73rd Ordinary Session of the African Commission on Human and Peoples’ Rights in Banjul, The Gambia. The Report acknowledges the lived realities of intersex persons and leverages their voices through interviews and personal testimonies. The methodology is qualitative and relies heavily on

“the strength of the stories to show evidence of human rights violations against intersex persons in Africa”.

A total of 25 intersex individuals, parents, and stakeholders from six African countries (South Africa, Botswana, Zimbabwe, Kenya, Uganda, and Ghana) were interviewed. The Report highlights that

“all names of the interviewees were noted down. However, some requested to remain anonymous… due to fear of victimization”.

Below follows more information about the launch, which is then followed by a review of the Report by our intersex content contributor.

The Launch of the Report

The launch was attended by representatives from non-governmental organisations (NGOs) and national human rights institutions (NHRIs), and was moderated by Dr Tresor Makunya of the Centre for Human Rights. Speaking at the launch, the Honourable Commissioner Remy Lumbu from the Ivory Coast, Chairperson of the African Commission on Human and Peoples’ Rights welcomed the intersex study

“as coming at a critical time when there is urgent need to address the human rights violations against intersex persons on the African continent. He bemoaned the lack of awareness, misunderstandings and misconceptions around intersex bodies which often lead to many of the violations against intersex persons. He welcomed the presentation of a draft resolution on intersex persons as part of the study which, if adopted by the African Commission, will be one of the first steps in protecting the rights of intersex persons at a regional level”.

Source: Centre for Human Rights

Professor Frans Viljoen, the Director of the Centre for Human Rights, said:

“We urge the Commission to take note of the study results, and consider adopting normative guidance (for example, in the form of a resolution) to assist states to correct the misunderstanding on intersex persons among the general public, and to provide legal protection to address the plight of of intersex Africans through a human rights-based approach.”    

Speakers included Tapiwa Mamhare (SOGIESC Officer at the Centre for Human Rights, University of Pretoria), Delphine Barigye (Support Initiative for People with Atypical Sex Development — SIPD) who spoke about the human rights situation faced by intersex persons in Kenya and Uganda, and Ronnie Zuze (Intersex Community of Zimbabwe — ICoZ) who spoke about the situation in Zimbabwe. The Report was contributed to by the African Intersex Movement (AIM), Julius Kaggwa from SIPD, James Karanja (a Kenyan lawyer), Mphatso Sakala (Intersex Society of Zambia — ISSZ), Ryan Wangui (Kenyan intersex activist), and the Rainbow Identity Association (RIA) in Botswana.

Review of the Report

by Delphine Barigye, our intersex content contributor

Chapter 1: Introduction

The initial chapter introduces the term “intersex” as an umbrella category encompassing diverse natural variations in sex characteristics. The authors are keen to separate intersex from LGBTQ identities, emphasising that “there is no necessary correlation between being intersex and having a particular sexual orientation or gender identity” (p.5).

Under this chapter, it is noted that the persistence of misconceptions is often rooted in religious and cultural beliefs that frame intersex individuals as cursed or abnormal. One critical observation is that intersex traits are not always visible at birth but may emerge at puberty or later, which complicates awareness and diagnosis. The authors document that over 40 intersex variations exist, including “external genitals that cannot be easily classified as male or female” and “inconsistencies between the external genitals and the internal reproductive organs”.

Statistics are difficult to obtain, though Kenya made a landmark move in 2019 by counting 1,524 intersex people in its national census. However, the Report cautions: “statistics should not be a limiting factor for intersex persons to enjoy the rights and freedoms provided for under the African Charter”.

Furthermore, the pathologisation of intersex bodies is critiqued. The use of the term “disorders of sex development” is contested. According to the Report, “genital ‘normalizing’ surgeries often lead to irreversible medical procedures that can cause life- long psychological suffering, depression, permanent infertility, pain, incontinence and loss of sexual pleasure”.

Chapter 2: Case studies

The second chapter is the emotional heart of the report, presenting deeply personal accounts of intersex persons. The most egregious violation identified in the Report is non-consensual genital “normalizing” surgery on minors. These procedures, often cosmetic, are presented as urgent by medical professionals but are rarely medically necessary.

Non-consensual surgeries on minors

Ronika Zuze, a 42-year-old intersex individual from Zimbabwe, recounted how they were operated on without consent:

“I felt like a medical experiment because lots of people would come to see me… I still have chronic pain up to now. Given a choice, I would have never gone through the surgery. I have become homeless at some point, battled alcohol addiction, suicidal thoughts and depression” (p.10).

Such surgeries are likened to female genital mutilation (FGM) and are violations of the African Charter’s protections on physical integrity and dignity. The Report recommends a moratorium on all cosmetic genital surgeries until the intersex person is old enough to give informed consent.

Legal identity

Legal identity is another major challenge. Most intersex individuals face problems registering at birth or correcting their gender markers later in life. James Karanja, an intersex activist, described a traumatic encounter at a bank:

“They started beating me up… I had to be searched and that meant removing my clothes. It was dehumanizing” (p.14).

Another participant, Ryan, described being unable to access financial aid because

“My school certificates were written [with] my former name, while my ID was changed” (p.15).

Social stigma

Social stigma is rampant, with several stories documenting abandonment, school bullying, and infanticide. One Ugandan participant shared:

“An elderly man accused me… said I was the reason why my area was facing a drought and I was supposed to be stoned to death.”

Mental health

The chapter closes by highlighting mental health impacts. Depression, anxiety, and trauma are recurring themes. The Report documents how societal rejection begins within the family and extends into schools, workplaces, and correctional facilities.

Chapter 3: Legal protections

Chapter three outlines legal protections afforded under the African Charter on Human and Peoples’ Rights. Articles 2, 3, 5, and 16 provide a framework for non-discrimination, protection from torture, and access to health. Yet, few African states have applied these rights explicitly to intersex persons.

On the global stage, substantial progress is noted:

• The European Parliament adopted a resolution condemning genital surgeries.
• Malta passed the GIGESC Act banning cosmetic surgery on intersex minors.
• Australia included intersex status in its anti-discrimination laws.

“The IACHR urged states to urgently prohibit surgeries and medically unnecessary procedures on intersex children” (p.21).

The UN Special Rapporteur on Torture condemned involuntary surgeries as a form of cruel and degrading treatment. The United Nations Human Rights Office of the High Commissioner (OHCHR) urged states to prohibit medically unnecessary procedures and respect bodily autonomy.

Within Africa, South Africa and Kenya stand out. South Africa allows changes to sex markers on birth certificates under the Alteration of Sex Description and Sex Status Act. Kenya has integrated intersex recognition into judicial, legislative and policy spheres most notably in the Baby A (2013)and RM (2007) cases, which led to the intersex taskforce and reforms (p.24).

Chapter 4: Advocacy

Chapter four entails advocacy for intersex rights is still emerging in Africa. Previously, intersex issues were subsumed under LGBTQ advocacy, but intersex organisations are beginning to organise independently.

The African Commission on Human and Peoples’ Rights has hosted side-events, thanks to efforts by the Centre for Human Rights, SIPD-Uganda, and others. However, Commissioner Mute warned:

“You have to do a lot of work in clarifying and explaining what intersex is all about. There is a lot of conflation… from the acronym LGBT” (p.27).

Engagement with the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) has led to discussions on intersex children’s rights, but limitations remain since protections often exclude adults.

Chapter 5: Norm setting

Chapter five outlines the urgent need for norm-setting by the African Commission. The authors argue that the lack of domestic laws in African states stems from the absence of regional frameworks. They recommend the following actions:

• Adopt a specific resolution to address the rights of intersex persons.
• Develop principles and guidelines to elaborate on legal obligations.
• Draft model legislation for member states to adopt.

The Report emphasizes that although Resolution 275 addresses violence against sexual minorities, it fails to account for violations unique to intersex persons, such as forced surgeries and infanticide:

“A resolution will provide precision… and will be an important advocacy tool to raise awareness and engage governments to make legal reform on issues relating to intersex persons” (p.30).

Chapter 6: Conclusion

In chapter six, the Report concludes that while international human rights law provides a strong foundation, African states must take proactive steps and key recommendations includes banning cosmetic genital surgeries on minors, allowing legal sex and name changes through administrative procedures, providing psychosocial and legal support, empowering intersex-led organisations with funding and visibility, raising public awareness to counter stigma and ignorance.

It can thus be summed up that the study positions itself as both a policy tool and a moral call to action. The voices of intersex Africans raw, painful, and resolute demand nothing less than structural change and legal recognition.

Read the full Report.

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:

To understand more about intersex legal rights and failures of the law in Kenya, read our review of the book, Intersex Persons & the Law in Kenya

Intersex Persons & the Law in Kenya by John Chigiti SC (2021): A Review

Intersex persons in Kenya continue to experience systemic discrimination, legal invisibility, and persistent violations of fundamental rights. Drawing on the analysis presented by Chigiti (2021) in Intersex Persons and the Law in Kenya, this article synthesizes the author’s major themes across law, medicine, social systems, and policy. The discussion illustrates that although Kenya’s Constitution guarantees equality, dignity, and non-discrimination for all persons, the absence of explicit recognition of intersex identity structurally prevents full realisation of rights. Reforms in documentation, healthcare, access to information, family law, and education are urgently needed to align Kenya’s legal and policy environment with international human-rights principles.

Introduction

Intersex persons born with natural variations in sex characteristics that do not fit typical binary definitions of male or female remain socially marginalised and administratively invisible in Kenya. Chigiti demonstrates that while awareness of intersex identity is increasing globally, Kenya’s legal and medical systems remain ill-equipped to address the lived realities of this population. This article organises the core themes emerging from Chigiti’s text into a rigorous, thematic analysis to guide legal scholarship, advocacy, and policy design.

Conceptual and Medical Foundations

The conceptual and medical understanding of intersex persons forms the intellectual foundation of John Chigiti’s argument in Intersex Persons and the Law in Kenya. He begins by revisiting the definition of intersex, historically known under the stigmatising term “hermaphrodite.” As medical knowledge evolved, such terminology gave way to scientifically grounded and human-rights-based language “intersex” or “persons with differences in sex development (DSD).” These terms describe individuals born with variations in chromosomal, gonadal, or anatomical sex characteristics that do not fit typical binary definitions of male or female.

Chigiti identifies multiple biological bases for intersex variation, including chromosomal patterns (e.g., 47XXY; Klinefelter syndrome; 47XXX; Trisomy X), gonadal differences (presence of both ovarian and testicular tissue), and hormonal atypicalities (such as androgen insensitivity syndrome or congenital adrenal hyperplasia). These medical distinctions, he argues, demonstrate that intersex is not an anomaly but a naturally occurring human variation that is present in approximately 1.7% of the world’s population, according to the Office of the United Nations High Commissioner for Human Rights (OHCHR).

From a biomedical perspective, Chigiti underscores the importance of genetic and chromosomal evaluation in determining an intersex condition. This involves understanding the genetic composition (heredity), where chromosomes carry the physical units of heredity known as genes. The book clarifies that each human cell normally contains 23 pairs of chromosomes, but variations in these pairs can produce different expressions of sex traits. For example, atypical configurations in sex chromosomes (such as XXY or XO) may lead to non-binary sexual differentiation.

Chigiti also references international legal definitions to enrich the conceptual clarity. The Maltese Gender Identity, Gender Expression, and Sex Characteristics Act defines “sex characteristics” as encompassing chromosomal, gonadal, and anatomical features including reproductive organs, genitalia, hormonal structures, and secondary traits like muscle mass, hair distribution, and breasts. This broader framing moves beyond mere physical appearance and emphasizes biological diversity as part of human variation. The California Senate Bill 225 and the South African Alteration of Sex Description and Sex Status Act similarly recognize that intersex persons exhibit variations in physical traits such as genitalia, hormone function, and chromosome patterns that deviate from stereotypical male-female norms.

Importantly, Chigiti cautions against superficial or appearance-based judgments. Physical features such as a deep voice in women or softer features in men do not constitute evidence of intersex status. A definitive classification must be based on medical examination of chromosomal, gonadal, and hormonal structure by a competent medical practitioner. The Persons Deprived of Liberty Act (2014) in Kenya explicitly adopts this medical standard, defining an intersex person as “a person certified by a competent medical practitioner to have both male and female reproductive organs.” This legal definition anchors intersex identity in verified medical evidence rather than social perception.

Chigiti thus establishes a dual conceptual framework: medical and legal. The medical framework recognizes intersex as a spectrum of biological diversity requiring sensitivity and scientific accuracy, while the legal framework demands recognition and protection of such individuals within Kenya’s constitutional and statutory systems. He insists that law and medicine must converge to ensure dignity, autonomy, and accurate identification. The medical field, therefore, carries not only a diagnostic function but also an ethical and human-rights obligation to refrain from coercive “normalising” surgeries and to support informed decision-making rooted in bodily autonomy and consent.

Stigma, Culture and Discrimination

Stigma surrounding intersex persons in Kenya is deeply rooted in cultural beliefs, religious narratives, and social norms that privilege binary understandings of sex. In many communities, intersex birth is not merely misunderstood; it is feared. Local languages contain derogatory terms such as huntha (Kiswahili), kiugu (Kikuyu), and malinda (Kikamba), reflecting long-standing othering of bodies perceived as sexually atypical. These linguistic patterns reinforce the perception that intersex traits are unnatural or shameful, encouraging secrecy and silence within families. Fear of public shame leads many parents to conceal affected children, thereby denying them opportunities for health care, social participation, and early identity formation. Where physical differences manifest during adolescence rather than infancy, stigma often intensifies, as peers and communities react to visible divergence from gender expectations exposing intersex adolescents to ridicule, isolation, and emotional trauma.

This stigma is exacerbated by cultural narratives that view intersex children as omens, curses, or spiritual anomalies. In extreme cases, families may resort to infanticide, abandonment, or coercive “normalization” practices in an attempt to erase perceived deformity. Such reactions are reinforced by a lack of awareness and the dominant societal insistence on male/female classification. Schools and hospitals, operating within rigid gendered systems, inadvertently perpetuate discrimination by forcing children into binary categories. Administrative institutions, including registration authorities, contribute to indirect discrimination by refusing to issue documents when sex cannot be readily categorized thereby excluding intersex children from schooling, social protection, and later, employment. Chigiti underscores that such bureaucratic exclusion constitutes structural discrimination because policies that appear neutral in text disadvantage intersex persons in practice.

Legal discourse demonstrates the depth of this systemic exclusion. In Baby A (Suing through the Mother E.A.) v Attorney General & 6 Others, the court declined to recognise intersex as a distinct sex category, holding that “sex” under the Constitution referred solely to male and female. This reinforced the legal invisibility of intersex persons and signalled judicial reluctance to depart from binary frameworks. Although the Persons Deprived of Liberty Act acknowledges intersex through a medicalized definition, it does not dismantle broader discriminatory systems. Consequently, intersex persons remain vulnerable to both direct discrimination such as bullying, denial of services, and forced medical procedures and indirect discrimination through policies structured around binary assumptions. The cumulative effect of stigma, cultural misconception, and legal marginalization produces multidimensional exclusion that compromises fundamental rights to dignity, equality, identity, and social belonging.

Sex, Gender and Legal Classification

The distinction between sex and gender is central to understanding the legal challenges intersex persons face in Kenya. Sex is primarily a biological construct based on chromosomes, gonads, hormones, and genital anatomy while gender refers to socially constructed roles, identities, and expectations assigned to individuals. Despite this conceptual separation, Kenyan legal and administrative systems continue to treat sex and gender as synonymous, maintaining a rigid male–female framework that excludes intersex identities. Chigiti emphasizes that this conflation denies the biological complexity of intersex persons and forces their lived realities into categories that do not reflect their physiology, identity, or social experience. Such binary rigidity erases intersex existence at the institutional level, reinforcing both invisibility and exclusion from legal and social systems.

At the core of these challenges is the requirement legally and administratively that every individual be categorized as either male or female at birth. Birth registration forms, school records, hospital files, and identification documents mandate binary sex classification, leaving no room for intersex variations. Because many intersex traits are not visible at birth or are misunderstood by medical personnel, sex assignment is often arbitrary, based solely on external genital appearance rather than chromosomal or gonadal composition. These early decisions may conflict with the individual’s later physical development or personal identity, creating lifelong inconsistencies between documentation and lived experience. As intersex persons grow, these mismatches complicate access to schooling, healthcare, employment, and travel, illustrating how binary registration systems create legal and social instability.

The judicial system has reinforced this binary view. In Baby A (Suing through the Mother E.A.) v Attorney General & 6 Others, the High Court held that “sex” within constitutional provisions referred only to male and female, dismissing attempts to argue for broader interpretation that would include intersex. The Court noted that expanding the definition of sex fell outside judicial authority and should instead be addressed by Parliament. This decision crystallised intersex exclusion within constitutional interpretation and signalled the judiciary’s hesitation to challenge cultural and legislative norms. Consequently, intersex persons remain without explicit recognition under Kenyan law, leaving them vulnerable to discrimination and dependent on fragmented statutory protections. Chigiti concludes that achieving meaningful recognition requires legislative reform that acknowledges biological diversity and ensures that intersex persons are fully protected within Kenya’s constitutional and legal frameworks.

Identity, Documentation and Legal Personhood

Identity documentation is a primary gateway to legal personhood in Kenya, yet intersex persons routinely encounter exclusion because existing systems recognise only two sex categories: male or female. Chigiti underscores that birth certificates, national identity cards, and passports are not merely administrative tools but instruments that affirm an individual’s legal existence, belonging, and citizenship. Without them, a person’s ability to participate in society is profoundly restricted. For intersex children, the challenge emerges immediately at birth. Medical staff and civil registration officers, operating within a binary framework, often compel parents to select a sex designation despite uncertainty, resulting in assignments based solely on outward genital appearance rather than comprehensive medical assessment. This early classification which is frequently inaccurate imposes an identity that may later conflict with the individual’s physical development or self-understanding, thereby undermining their autonomy and personal narrative.

Because legal records form the basis for nearly all entitlements, inaccurate or absent documentation triggers a cascade of exclusion. Intersex individuals who cannot obtain accurate birth certificates or national IDs face barriers in accessing education, healthcare, employment, housing, and voting rights. For school enrolment, birth certificates are compulsory; those without them may be denied admission or forced into constant explanation of their identity. In healthcare settings, identity cards are essential for insurance coverage and continuity of care. Lack of documentation can therefore undermine access to diagnosis, treatment, and psychological support. Adults with mismatched records frequently encounter suspicion, humiliation, and bureaucratic hostility when attempting to update their sex markers, underscoring the intertwined nature of documentation and social acceptance.

Although Kenya’s Access to Information Act and related legal provisions allow for correction of personal records, the process remains complex, costly, and poorly understood. Individuals often require medical certification, affidavits, and legal representation to effect changes thus placing rectification out of reach for most intersex persons. This administrative burden constitutes a form of indirect discrimination: while the procedures apply to all, they disproportionately disadvantage those whose identities challenge binary norms. Chigiti argues that the absence of explicit legislative guidance on intersex documentation leaves individuals dependent on discretionary decisions by civil servants and courts, leading to inconsistency and vulnerability. He emphasizes that recognition is not symbolic; it is a prerequisite for enjoying fundamental rights and freedoms. Achieving meaningful reform therefore demands that Kenya adopt clear legal provisions enabling flexible sex/gender markers, streamlined correction processes, and non-discriminatory recognition of intersex status to ensure full legal personhood.

Parental Dilemmas and Child Protection

The birth of an intersex child in Kenya often triggers confusion, fear, and emotional turmoil within the family, largely because intersex variations are poorly understood and highly stigmatized. Chigiti explains that parents are typically thrust into a decision-making space without sufficient medical, psychological, or social support. In many cases, families receive inconsistent or superficial medical explanations, leaving them uncertain about their child’s biological status and future development. This uncertainty can generate guilt, shame, or internalized blame, particularly where cultural or religious interpretations frame intersex traits as curses, misfortunes, or aberrations. The desire to protect the child from ridicule, combined with the pressure to conform to binary expectations, often drives parents into secrecy, resulting in delayed health care, insufficient emotional bonding, and isolation of the child from community life.

Within this context of inadequate guidance, parents frequently face intense pressure to authorise early genital “normalisation” surgeries. These procedures are typically presented as corrective measures intended to align the child’s body with male or female norms, even when not medically necessary. Chigiti emphasizes that these decisions are often made before parents fully understand their long-term implications. Without access to balanced information regarding physical risks, psychological impact, and ethical concerns, families may consent to interventions that compromise bodily autonomy, future reproductive function, and the child’s self-determination. Moreover, because intersex traits may involve developmental changes during puberty, surgical decisions made in infancy can produce lifelong distress when the child’s physical or psychological sex diverges from the assigned identity. As the child grows, undoing earlier surgical or legal decisions becomes complex, expensive, and emotionally destabilizing.

These challenges underscore the need for strong child-protection frameworks grounded in the best interests of the child, as recognised under Article 53 of the Constitution and the Children Act. Chigiti argues that societal shame and misinformation can lead to harmful practices, including abandonment, infanticide, or long-term concealment. Ensuring child welfare therefore requires active State intervention to prevent abuse, promote family counselling, and regulate medical decision-making. Protecting intersex children involves guaranteeing access to psychosocial support, delaying non-essential surgeries until the child is mature enough to participate in decisions, and preventing discrimination in healthcare, education, and documentation processes. Child-focused protection mechanisms must affirm dignity and safety while empowering caregivers with accurate information. Chigiti concludes that safeguarding intersex children requires shifting from secrecy and coercive conformity toward transparency, informed consent, and holistic support systems that respect bodily integrity and human rights.

Healthcare, Bodily Autonomy and Post-Surgery Harm

Healthcare access for intersex persons is deeply intertwined with issues of bodily autonomy, dignity, and informed consent. Chigiti observes that the medical system in Kenya often approaches intersex variations through a pathological lens, prioritizing the “correction” of bodies rather than understanding or supporting their natural diversity. From infancy, intersex individuals are subjected to medical examinations that frequently frame their anatomy as problematic or abnormal, reinforcing stigma and legitimizing invasive intervention. While healthcare professionals have an important role in diagnosing intersex traits, Chigiti stresses that their responsibility extends beyond clinical assessment to the ethical obligation of respecting autonomy and providing transparent, non-coercive information to families. Effective care must include psychological support for both child and caregivers, avoiding fear-based narratives that push families toward unnecessary medical decisions.

A central concern in this thematic area is the widespread practice of non-consensual “normalisation” surgeries performed on intersex infants and young children. These surgeries, often conducted for social rather than medical necessity; aim to modify genitalia to resemble typical male or female forms. Chigiti emphasizes that such interventions are irreversible and frequently result in diminished sexual function, chronic pain, scarring, reduced fertility, and psychological trauma. Many intersex youth grow up without being informed of the procedures performed on them, only discovering later that their anatomy was altered without their consent. Because these surgeries are performed before the child can participate in decision-making, they are incompatible with key human rights principles, including bodily integrity, informed consent, and freedom from degrading treatment. The absence of long-term medical follow-up exacerbates the problem, leaving individuals with ongoing complications and little institutional support.

The long-term consequences of these surgeries extend beyond physical harm. Chigiti documents how repeated medical interventions, failed reconstructions, and ongoing infections frequently push individuals into cycles of hospitalization and social withdrawal. Some are left incontinent and dependent on diapers; others face repeated surgical attempts to “fix” initial procedures, compounding trauma. The social stigma attached to these outcomes often prevents individuals from seeking further care, driving them into silence and isolation. Emotional harm including shame, depression, and loss of identity is pervasive, particularly when physical development during puberty conflicts with the sex assigned surgically at birth. These challenges highlight the urgent need for a patient-centered, rights-based healthcare model in which medical treatment respects bodily autonomy, defers irreversible intervention until informed consent is possible, and provides psychosocial support to individuals and families. Chigiti concludes that reform in Kenya’s health sector is essential to prevent further harm: healthcare workers must be sensitized, medical guidelines must be revised to prohibit medically unnecessary surgeries, and intersex persons must be guaranteed access to comprehensive, non-discriminatory care throughout their lives.

Education and Social Inclusion

Education is a transformative right that enables individuals to acquire skills, build confidence, and participate meaningfully in society. For intersex children in Kenya, however, access to education is often impeded by structural, social, and administrative barriers. Chigiti explains that the earliest hurdle typically arises at the point of school enrolment, where a birth certificate is required. Because many intersex children are either mis-registered or not registered at all due to uncertainty around sex classification, they may be denied admission or delayed in beginning school. Even when enrolled, school records designed around a rigid male–female binary force children into sex categories that may not align with their bodies or identity. This administrative misalignment contributes to confusion, emotional distress, and a sense of alienation, demonstrating how exclusion is built into the very structure of the education system.

Within the school environment, intersex learners face heightened vulnerability to bullying, ridicule, and physical or psychological harassment from peers and sometimes even from teachers. Puberty often magnifies this vulnerability when physical development diverges visibly from male or female norms, exposing children to stigma and unwanted questioning. Schools, which typically lack guidelines for supporting intersex students, may react with punitive or exclusionary measures rather than compassion and protection. In particular, the strict division of sanitation and dormitory spaces by sex poses serious risks. Intersex learners may be forced into facilities that are unsafe or inappropriate, or they may be denied accommodation altogether in boarding schools—pushing many out of schooling prematurely. Weak institutional awareness compounds these harms, as educators are rarely trained to recognize intersex realities or respond sensitively to students’ needs.

The repeated trauma of discrimination contributes to higher dropout rates among intersex learners and increases the likelihood of long-term social marginalization. Chigiti stresses that exclusion from education closes pathways to social mobility, economic opportunity, and legal consciousness reproducing cycles of vulnerability. Thus, social inclusion within the education system is not simply a matter of physical access but of meaningful participation in a safe, affirming environment. To achieve this, schools must adopt comprehensive inclusion measures: sensitizing teachers and staff, protecting students through robust anti-bullying policies, and ensuring access to gender-neutral facilities. Curricula should reflect human diversity, promoting understanding and dismantling stereotypes from an early age. These measures must be coupled with nationwide awareness campaigns and policy reforms that affirm every learner’s dignity. Chigiti argues that centering intersex learners’ rights in educational policy is essential to ensuring that Kenya’s constitutional promise of equality becomes a lived reality, fostering a society in which all children regardless of sex characteristics can learn, grow, and thrive.

Access to Information

Access to information is a foundational right that enables individuals to understand themselves, make informed decisions, and seek the protection of the law. For intersex persons in Kenya, this right is especially critical because much of the information related to their biological status, medical history, and early-life interventions is often withheld, obscured, or inaccessible. Chigiti underscores that Article 35 of the Constitution guarantees every citizen the right to access information held by the State and by others where necessary for the exercise or protection of rights. This includes medical records documenting diagnosis, surgical procedures, hormone treatments, or decisions made on a child’s behalf. Without access to such information, intersex persons may be deprived of the ability to understand their identities, engage in informed health choices, or challenge violations committed against them in their early years. Thus, access to information becomes a gateway to bodily autonomy, legal clarity, and psychological affirmation.

Despite legal safeguards particularly the Access to Information Act (2016) intersex persons frequently encounter barriers when attempting to retrieve important personal records. Healthcare institutions, guardians, or civil authorities may refuse disclosure due to ignorance, stigma, or paternalistic beliefs that such information is too sensitive or harmful. In many cases, intersex individuals only learn in adolescence or adulthood that they underwent genital surgeries as infants or were subjected to hormonal treatments without consent. Such delayed discovery can trigger profound emotional distress and a sense of betrayal. These barriers are compounded by administrative challenges, including poorly digitized records, discretionary decision-making by officials, and lack of awareness about legal entitlements. Even when individuals attempt to correct inaccurate details such as sex markers on identification documents, the procedures are cumbersome, expensive, and poorly publicized, hindering their ability to secure accurate documentation and exercise full citizenship.

Chigiti argues that ensuring meaningful access to information requires more than legislative recognition; it demands proactive institutional support. Hospitals and civil registration offices must develop protocols that guarantee timely release of medical and legal records, with specific provisions for intersex persons. State agencies and service providers must be trained to understand and uphold legal obligations regarding disclosure, while penalties for non-compliance should be consistently enforced. Public awareness campaigns are also necessary to ensure that intersex persons and their families understand their rights and know how to assert them. Ultimately, Chigiti maintains that access to information is inseparable from dignity: when intersex persons are empowered with knowledge about their bodies and histories, they can advocate for their rights, correct harmful narratives, and build identities grounded in autonomy rather than silence or coercion.

Family Life, Marriage and Adoption

Family life is a core social and constitutional right in Kenya, yet intersex persons often struggle to enjoy its full expression due to stigma, legal ambiguity, and cultural resistance. Chigiti emphasizes that the family is recognized under the Constitution as the natural and fundamental unit of society, deserving protection and support. However, without explicit legal recognition of intersex identity, many intersex adults face uncertainty regarding their ability to marry or enter legally recognized partnerships. Because Kenya’s legal system is built on a binary understanding of sex, marital status is closely tied to one’s legal classification as male or female. When an intersex person’s documented sex does not align with their lived identity or physical development, they may be denied the freedom to marry simply because their legal personhood is not clearly defined. This creates a landscape in which intersex individuals may be excluded from one of the most universal social institutions family formation.

Beyond marriage, Chigiti observes that intersex persons face entrenched prejudice within their own families of origin. Some are rejected at birth, abandoned, or subjected to harmful practices intended to erase their physical differences. Others grow up in secrecy, isolated by parents fearful of community backlash. Such experiences compromise emotional development and can lead to psychological trauma that persists into adulthood. Legal protections for children such as the right to name, nationality, and parental care are often undermined when intersex identity is perceived as a source of shame. Thus, child protection initiatives must reinforce the principle that every child, regardless of sex characteristics, has a right to nurturing family care. This includes interventions to prevent abandonment, ensure access to psychosocial support, and prohibit discrimination within the home. For parents, accessible information and counselling services are essential tools to support acceptance and informed decision-making.

Adoption presents a parallel set of challenges. Chigiti explains that although adoption law in Kenya is designed to prioritize the best interests of the child, intersex children may be disadvantaged due to discriminatory attitudes among prospective parents and adoption officials. Bias rooted in fear, misunderstanding, or cultural beliefs may lead to intersex children being overlooked in placement decisions. Yet, adoption can be a critical pathway to stable family life for intersex children who have been rejected or surrendered by their biological parents. Similarly, intersex adults seeking to adopt may encounter prejudice, since their gender identity or documentation may not conform to binary expectations. To address these gaps, Chigiti calls for an approach to adoption that centers dignity and non-discrimination. This requires sensitizing adoption officers, establishing clear anti-discriminatory guidelines, and affirming that intersex adults too are entitled to serve as adoptive parents. Ultimately, meaningful protection of family rights for intersex persons depends on dismantling cultural stigma and reforming legal structures so that biological variations do not impede the fundamental human right to family life.

Employment, Economic Opportunity and Public Participation

Employment and economic participation are essential components of human dignity and self-sufficiency, yet intersex persons in Kenya face profound barriers in accessing these opportunities. Chigiti observes that the root of this exclusion is two-fold: systemic discrimination and documentation challenges. Because identity documents in Kenya are strictly binary, many intersex persons either lack accurate identification or possess records that conflict with their lived identity. As a result, they struggle to meet standard requirements for job applications, professional registration, or entrepreneurship. Even where documentation is available, employers may respond with suspicion or hostility when sex markers or physical presentation appear inconsistent. These administrative and social barriers often push intersex persons into informal or precarious work, limiting income stability and reinforcing cycles of poverty.

Beyond documentation, workplace discrimination both overt and subtle undermines equal access to employment. Intersex persons may be excluded from hiring, denied promotions, or subjected to ridicule and harassment by colleagues. In some cases, employers have terminated contracts upon discovering an employee’s intersex status, illustrating how deeply stigma informs professional environments. Because physical characteristics may become more pronounced during adolescence or adulthood, intersex persons may face increasing scrutiny at later stages in their career development. The absence of explicit legal protections against discrimination on the basis of sex characteristics leaves them vulnerable, as anti-discrimination statutes often reference only male and female categories. This legislative gap means that intersex employees have limited avenues for redress when their rights are violated, reinforcing structural inequality in the labor market.

Economic exclusion also inhibits participation in public life. Without stable employment, many intersex persons are unable to access credit, secure housing, or contribute to social security systems. Those who lack national identification documents are further excluded from voting, accessing public services, and participating in government programs. Public appointment processes such as selection for community leadership positions, government boards, or administrative roles often rely on rigid identity verification systems that disadvantage intersex applicants. Even in civic spaces where participation does not require documents, social stigma often discourages intersex persons from engaging, for fear of exposure or discrimination. Chigiti argues that meaningful public participation requires both structural and attitudinal change. Legislative reform must explicitly recognize intersex persons and prohibit discrimination on the basis of sex characteristics, while public-sector institutions must incorporate inclusive practices. Additionally, broad social awareness campaigns are needed to cultivate respectful and supportive environments. By affirming intersex rights to work, vote, and contribute to public life, Kenya can take a significant step toward substantive equality and full citizenship for all its people.

Conclusion: Toward a Holistic Rights Framework

Chigiti’s analysis makes clear that the protection of intersex persons in Kenya requires far more than isolated legal adjustments; it demands a holistic rights framework grounded in dignity, autonomy, and substantive equality. Throughout the life cycle from birth to adulthood intersex individuals encounter structural and cultural forces that obscure their identities, deny recognition, and restrict access to essential services. The cumulative effect is a form of systemic invisibility that undermines every dimension of citizenship. While Kenya’s Constitution provides a strong foundation by guaranteeing equality, non-discrimination, and the security of the person, these broad guarantees have not translated into effective protection for intersex persons, primarily because legal and administrative systems continue to enforce the male–female binary. Realising constitutional promises therefore requires reforms that acknowledge the realities of intersex bodies and identities at law, in medicine, and across social institutions.

A holistic rights framework must begin with legal recognition. Explicit inclusion of “sex characteristics” within non-discrimination provisions, streamlined procedures for correcting identity documentation, and regulation of surgical interventions are essential steps. Equally important is the principle of bodily autonomy, which demands an end to medically unnecessary surgeries performed without informed consent. The healthcare sector must adopt a rights-based approach that integrates psychosocial support, informed decision-making, and sensitivity training for medical professionals. In education, comprehensive inclusion involves not only access but safety ensuring that intersex learners can study without fear of bullying, exclusion, or administrative barriers. Social systems, including family law, child protection, and adoption services, must also reflect the diversity of human sex characteristics, providing clear safeguards against abandonment and discrimination.

Finally, meaningful reform requires shifting social attitudes. Public education campaigns, professional training, and community dialogue are critical to dismantling stigma and building understanding. Advocacy networks and civil society organizations must be supported to amplify intersex voices, ensuring that policy changes are informed by lived experience. Chigiti concludes that the measure of Kenya’s commitment to human rights will be reflected in its willingness to protect those most marginalized by traditional frameworks. By embracing a holistic rights approach, one that integrates legal reform, medical ethics, social inclusion, and public education Kenya can transform intersex recognition from a contested boundary of identity into a fulfilled constitutional promise. Such a framework ultimately affirms that human diversity is not an aberration to be corrected, but a reality to be respected, protected, and celebrated.

This review was written by our Intersex Content Contributor, Delphine Barigye

From 27–31 August 2021, Pan Africa ILGA hosted its 5th Regional LGBTQIA+ Conference. Titled ‘Reclaiming Our Past, Defining Our Future’, the Conference hosted more than 500 delegates and over 100 speakers from across the continent.

The Conference held a variety of Pre-Conferences, including an Intersex Pre-Conference. Our content contributor, Delphine Barigye, who was also the moderator for the Pre-Conference, wrote a report about the summaries from the Intersex Pre-Conference.

Report: The Intersex Pre-Conference at the Virtual Pan Africa ILGA (PAI) Regional Conference, 2021

“Our past is painful to reclaim, but as intersex persons we will definitely define our future.”

These words from a keynote speaker at the Intersex Pre-Conference echoed through the hearts of the attendees, setting the tone for a powerful discussion on intersex resilience in Africa.

The 2021 Pan Africa ILGA (PAI) 5^th Regional Conference, under the theme of “Reclaiming Our Past: Defining Our Future”, held virtually from August 27 to 31, housed the Intersex Pre-Conference on the 27^th. Initially, the Conference was planned to take place in Ghana in 2020, but was rescheduled and held virtually in 2021 due to the COVID 19 pandemic. The Intersex Pre-Conference, organised by the Support Initiative for People with Atypical Sex Development (SIPD), brought together over 20 intersex activists. The panel included renowned intersex advocates Mphatso Sakala, Ronnie Zuze, Sammie MacJessie and Obioma Chukwuike. Their contributions to the discussion revealed not only challenges but also remarkable resilience and innovation in the face of a global crisis.

The vision beyond the African Intersex Movement (AIM)’s inception

Mphatso Sakala from the Intersex Society of Zimbabwe (ISSZ), shared insights of the future of the African Intersex Movement (AIM). AIM was initiated to increase individual and organisational capacity of African intersex activists and organisations, not only to develop regional strategies and address human rights violations of intersex persons in Africa, but to also increase representation of African intersex persons in international forums. Mphatso noted that,

“AIM was started to put in place a strategic framework for organisational response to health and human rights violations faced by intersex people in Africa, develop capacity and structures to support and sustain positive change for intersex people and mobilise support for the movement.

The aim is to achieve contextual change in relation to African intersex movement building. It is ultimately hoped that AIM will provide a working approach for African intersex leaders pursuing similar goals, while addressing negative cultural norms, the livelihood needs of intersex persons and the need to legally recognise the existence of intersex persons across all African countries.”

AIM strategically laid out 5 goals and action points to achieve these aims with a clearly defined vision of:

“An African society that recognises, respects and protects the rights, autonomy and agency of intersex persons.”

Mental health and the intersex journey

Ronnie Zuze, the founder of Intersex Community of Zimbabwe (ICoZ) spoke about intersex people and their mental health. Many intersex persons face mental health challenges due to the unique challenges posed not only by the pressure from society to conform to the binary gender norms, but by identity struggles, non-consensual surgeries, stigma and discrimination in major aspects of life like health, education, employment and sports. Often, these issues are overlooked and yet take a toll on a person’s mental health, eventually leading to anxiety, depression or even trauma. The need to focus on the intersex individuals’ mental health is greater than ever before. The Pre-Conference concluded that efforts should be directed to promoting healing, resilience, and empowerment of individuals to reclaim their past.

Ripple effects of COVID 19 on intersex funding

Sammie MacJessie from the Ivy Foundation in Malawi, the Coordinator of AIM, and Obioma Chukwuike from Intersex Nigeria, the Board Chairperson of AIM, shared insights about the effects of inadequate funding and COVID 19 on intersex organising in Africa, especially in their home countries, Malawi and Nigeria respectively. They shared that the impact of COVID 19 on the intersex community was profound. The panelists spoke about how the pandemic changed their lives and how it put strain on their work with community members, especially in relation to access to healthcare and support services. One panelist highlighted that,

“It is already difficult enough to try and get inclusive and non-discriminatory healthcare as it is in a free world. COVID greatly increased this and many of us were left in a world without essential care.”

The other challenges discussed ranged from disrupted advocacy and awareness campaigns, where vital in-person interactions were no longer possible due social distancing, financial challenges and the difficulty of keeping up with digital transformation. While the shift to digital communication posed challenges, especially in local spaces where intersex individuals hardly even own a smart phone, it opened up a new era where intersex organising would go worldwide.

Learnings from the Pre-Conference

• The intersex community is still mainly funded by the same donors who are stretched and not focused on the distinct needs of the intersex community.
• The still prevailing lack of awareness about intersex people and their lives has only worsened the effects of the pandemic on intersex persons, including their mental health.
• The focus on intersectionality in LGBTIQ+ rights advocacy work has also contributed to the invisibility of intersex people.
• The next step for AIM would be to establish a secretariat for better coordination, visibility and representation.

Call to action

• Funders need to engage with intersex organisations and support them in the struggle for visibility, increase their capacity and seriously consider mental health as a funding criteria.
• National governments have to address the concerns raised by the intersex movement and create adequate solutions in direct collaboration with intersex representatives and organisations.
• Human rights organisations need to contribute to building bridges with intersex organisations and build a basis for mutual support and meaningful engagement.
• Community leaders should engage in intersex education to dispel misconceptions and stigma surrounding intersex people and their families.
• Traditional and religious leaders need to stop harmful cultural practices, such as tradition-led mutilations and killings of intersex people.
• National, regional and international human rights institutions have to take intersex issues on board and provide visibility to intersex people and the violations they face.

Report written by our content contributor, Delphine Barigye.

A report, ‘COVID-19: A Report on the Situation of Intersex People in Africa‘, authored by Obioma Chukwuike from Intersex Nigeria, was conducted between 12 October 2020, and 16 December 2020, and published in June 2021. The COVID-19 Report was part of a global study initiated by the global intersex committee, aiming to understand how the pandemic affected intersex individuals across different regions. 

The findings from the Report paint a clear picture of the challenges intersex individuals faced during the crisis, including financial struggles, employment instability, lack of access to healthcare, increased mental health issues, and threats to personal safety. Many respondents reported losing jobs, struggling to afford basic needs, dropping out of school and facing discrimination in healthcare settings. Activism and community support also took a hit, with lockdowns limiting in-person organising. 

The Report shows a community harshly affected by COVID-19, experiencing frustration about how to create a better future not only for themselves, but for the future generations as well. It highlights the need for targeted support, better healthcare access, and financial aid for intersex communities, especially during global crises. 

The conclusion to the Report is as follows:

“The survey shows that intersex persons in Africa are experiencing a strong negative impact of the Covid-19 pandemic in regard to their financial situation, employment, access to health care facilities and continuous access to medication as well as their mental health and well-being, and safety seriously undermined.

The worsening of their financial situation caused by the pandemic strongly impacted the livelihoods of intersex persons in Africa. The responses show that most have lost sources of income either by loss of employment or closure of their businesses, leaving them in hand to mouth situations. Lockdowns and physical distancing enforced a drastic meltdown in income generation for intersex persons in Africa, exposing them to more hardship and added vulnerability besides the already existing hardships, the stigma and prejudices they faced before the pandemic. Personal safety is not guaranteed as many intersex people became victims of abuse, discrimination, and violent attacks, staying in hostile places with the person who hosted them during the pandemic or family members who are abusive towards them. Relocation would have been helpful, but it is only possible for those who have the means and resources to do so. In times of crisis, people who are part of a vulnerable minority are more likely to be victims of human rights violations. The response to ill-treatments from security personnel is also a reminder of inadequate security measures for intersex people in Africa. Unfortunately, intersex people cannot rely on protection by law enforcement agents, who also play a role in the victimization of minority populations. Trauma from insecurity and unsafe situations often trigger past negative memories as many intersex people have suffered stigma due to non-consensual treatments that pathologize their body or cultural beliefs that harm their bodies.

Public access to health services is difficult as many cannot access health care facilities. Some do not have the finance to seek good health care practitioners and medications they require to manage their health issues. Many have worsening health conditions that need urgent medical attention. With little or no access to health care facilities, the fate of these intersex persons becomes uncertain. In most hospitals in Africa, intersex persons have always had difficulties with medical practitioners. They are often subjected to medical trials, leaving them confused or traumatized by these experiences.

The pandemic is limiting the in-person interactions of activists and intersex people and the intersex movement. As a result, it has put severe barriers and obstacles to the recent and fast growth of the African intersex movement, platform building, awareness-raising, community building, and advocacy. The Covid-19 pandemic is a significant threat to the efforts of many activists and intersex-led organizations which operate with little human capacity and limited funding. It is highly worrying that efforts made over the past years, which put intersex work in Africa in the limelight, might fade away. Many activists have moved to the new reality of internet access to connect with stakeholders or intersex people. However, this is also challenging, as many intersex persons have indicated limited internet access or cannot afford it. In-person interactions are more effective in terms of positive engagements in events and creating a sense of belonging.

In all these uncertainties, intersex persons in Africa have shown strength in their hopes for a better tomorrow. Many have not lost hope that the pandemic will slow down and its negative impact would become less severe in the future. However, many stressed their situation would continue to worsen in terms of financial stability, safety, and health access if the society and government do not recognize their existence and rights by ensuring integration of intersex into the strategies and programs that will protect their human rights. They also marked the importance of championing more intersex activists and bringing sustainable advocacy and change in the society to dismantle the stigma, prejudice, and discrimination of intersex persons, while calling for increased funding for the intersex movement in Africa.”

You can read the full report here.

This post was written by our content contributor on intersex issues, Delphine Barigye.

Published in 2021, John Chigiti SC’s book, Intersex Persons & the Law in Kenya, offers a comprehensive overview of the legal rights Kenyan intersex people have, as well as the failures of Kenyan law to protect intersex people. Our Intersex Content Contributor, Delphine Barigye, wrote this review.

Intersex persons in Kenya continue to experience systemic discrimination, legal invisibility, and persistent violations of fundamental rights. Drawing on the analysis presented by Chigiti (2021) in Intersex Persons and the Law in Kenya, this article synthesizes the author’s major themes across law, medicine, social systems, and policy. The discussion illustrates that although Kenya’s Constitution guarantees equality, dignity, and non-discrimination for all persons, the absence of explicit recognition of intersex identity structurally prevents full realisation of rights. Reforms in documentation, healthcare, access to information, family law, and education are urgently needed to align Kenya’s legal and policy environment with international human-rights principles.

Introduction

Intersex persons born with natural variations in sex characteristics that do not fit typical binary definitions of male or female remain socially marginalised and administratively invisible in Kenya. Chigiti demonstrates that while awareness of intersex identity is increasing globally, Kenya’s legal and medical systems remain ill-equipped to address the lived realities of this population. This article organises the core themes emerging from Chigiti’s text into a rigorous, thematic analysis to guide legal scholarship, advocacy, and policy design.

Conceptual and Medical Foundations

The conceptual and medical understanding of intersex persons forms the intellectual foundation of John Chigiti’s argument in Intersex Persons and the Law in Kenya. He begins by revisiting the definition of intersex, historically known under the stigmatising term “hermaphrodite.” As medical knowledge evolved, such terminology gave way to scientifically grounded and human-rights-based language “intersex” or “persons with differences in sex development (DSD).” These terms describe individuals born with variations in chromosomal, gonadal, or anatomical sex characteristics that do not fit typical binary definitions of male or female.

Chigiti identifies multiple biological bases for intersex variation, including chromosomal patterns (e.g., 47XXY; Klinefelter syndrome; 47XXX; Trisomy X), gonadal differences (presence of both ovarian and testicular tissue), and hormonal atypicalities (such as androgen insensitivity syndrome or congenital adrenal hyperplasia). These medical distinctions, he argues, demonstrate that intersex is not an anomaly but a naturally occurring human variation that is present in approximately 1.7% of the world’s population, according to the Office of the United Nations High Commissioner for Human Rights (OHCHR).

From a biomedical perspective, Chigiti underscores the importance of genetic and chromosomal evaluation in determining an intersex condition. This involves understanding the genetic composition (heredity), where chromosomes carry the physical units of heredity known as genes. The book clarifies that each human cell normally contains 23 pairs of chromosomes, but variations in these pairs can produce different expressions of sex traits. For example, atypical configurations in sex chromosomes (such as XXY or XO) may lead to non-binary sexual differentiation.

Chigiti also references international legal definitions to enrich the conceptual clarity. The Maltese Gender Identity, Gender Expression, and Sex Characteristics Act defines “sex characteristics” as encompassing chromosomal, gonadal, and anatomical features including reproductive organs, genitalia, hormonal structures, and secondary traits like muscle mass, hair distribution, and breasts. This broader framing moves beyond mere physical appearance and emphasizes biological diversity as part of human variation. The California Senate Bill 225 and the South African Alteration of Sex Description and Sex Status Act similarly recognize that intersex persons exhibit variations in physical traits such as genitalia, hormone function, and chromosome patterns that deviate from stereotypical male-female norms.

Importantly, Chigiti cautions against superficial or appearance-based judgments. Physical features such as a deep voice in women or softer features in men do not constitute evidence of intersex status. A definitive classification must be based on medical examination of chromosomal, gonadal, and hormonal structure by a competent medical practitioner. The Persons Deprived of Liberty Act (2014) in Kenya explicitly adopts this medical standard, defining an intersex person as “a person certified by a competent medical practitioner to have both male and female reproductive organs.” This legal definition anchors intersex identity in verified medical evidence rather than social perception.

Chigiti thus establishes a dual conceptual framework: medical and legal. The medical framework recognizes intersex as a spectrum of biological diversity requiring sensitivity and scientific accuracy, while the legal framework demands recognition and protection of such individuals within Kenya’s constitutional and statutory systems. He insists that law and medicine must converge to ensure dignity, autonomy, and accurate identification. The medical field, therefore, carries not only a diagnostic function but also an ethical and human-rights obligation to refrain from coercive “normalising” surgeries and to support informed decision-making rooted in bodily autonomy and consent.

Stigma, Culture and Discrimination

Stigma surrounding intersex persons in Kenya is deeply rooted in cultural beliefs, religious narratives, and social norms that privilege binary understandings of sex. In many communities, intersex birth is not merely misunderstood; it is feared. Local languages contain derogatory terms such as huntha (Kiswahili), kiugu (Kikuyu), and malinda (Kikamba), reflecting long-standing othering of bodies perceived as sexually atypical. These linguistic patterns reinforce the perception that intersex traits are unnatural or shameful, encouraging secrecy and silence within families. Fear of public shame leads many parents to conceal affected children, thereby denying them opportunities for health care, social participation, and early identity formation. Where physical differences manifest during adolescence rather than infancy, stigma often intensifies, as peers and communities react to visible divergence from gender expectations exposing intersex adolescents to ridicule, isolation, and emotional trauma.

This stigma is exacerbated by cultural narratives that view intersex children as omens, curses, or spiritual anomalies. In extreme cases, families may resort to infanticide, abandonment, or coercive “normalization” practices in an attempt to erase perceived deformity. Such reactions are reinforced by a lack of awareness and the dominant societal insistence on male/female classification. Schools and hospitals, operating within rigid gendered systems, inadvertently perpetuate discrimination by forcing children into binary categories. Administrative institutions, including registration authorities, contribute to indirect discrimination by refusing to issue documents when sex cannot be readily categorized thereby excluding intersex children from schooling, social protection, and later, employment. Chigiti underscores that such bureaucratic exclusion constitutes structural discrimination because policies that appear neutral in text disadvantage intersex persons in practice.

Legal discourse demonstrates the depth of this systemic exclusion. In Baby A (Suing through the Mother E.A.) v Attorney General & 6 Others, the court declined to recognise intersex as a distinct sex category, holding that “sex” under the Constitution referred solely to male and female. This reinforced the legal invisibility of intersex persons and signalled judicial reluctance to depart from binary frameworks. Although the Persons Deprived of Liberty Act acknowledges intersex through a medicalized definition, it does not dismantle broader discriminatory systems. Consequently, intersex persons remain vulnerable to both direct discrimination such as bullying, denial of services, and forced medical procedures and indirect discrimination through policies structured around binary assumptions. The cumulative effect of stigma, cultural misconception, and legal marginalization produces multidimensional exclusion that compromises fundamental rights to dignity, equality, identity, and social belonging.

Sex, Gender and Legal Classification

The distinction between sex and gender is central to understanding the legal challenges intersex persons face in Kenya. Sex is primarily a biological construct based on chromosomes, gonads, hormones, and genital anatomy while gender refers to socially constructed roles, identities, and expectations assigned to individuals. Despite this conceptual separation, Kenyan legal and administrative systems continue to treat sex and gender as synonymous, maintaining a rigid male–female framework that excludes intersex identities. Chigiti emphasizes that this conflation denies the biological complexity of intersex persons and forces their lived realities into categories that do not reflect their physiology, identity, or social experience. Such binary rigidity erases intersex existence at the institutional level, reinforcing both invisibility and exclusion from legal and social systems.

At the core of these challenges is the requirement legally and administratively that every individual be categorized as either male or female at birth. Birth registration forms, school records, hospital files, and identification documents mandate binary sex classification, leaving no room for intersex variations. Because many intersex traits are not visible at birth or are misunderstood by medical personnel, sex assignment is often arbitrary, based solely on external genital appearance rather than chromosomal or gonadal composition. These early decisions may conflict with the individual’s later physical development or personal identity, creating lifelong inconsistencies between documentation and lived experience. As intersex persons grow, these mismatches complicate access to schooling, healthcare, employment, and travel, illustrating how binary registration systems create legal and social instability.

The judicial system has reinforced this binary view. In Baby A (Suing through the Mother E.A.) v Attorney General & 6 Others, the High Court held that “sex” within constitutional provisions referred only to male and female, dismissing attempts to argue for broader interpretation that would include intersex. The Court noted that expanding the definition of sex fell outside judicial authority and should instead be addressed by Parliament. This decision crystallised intersex exclusion within constitutional interpretation and signalled the judiciary’s hesitation to challenge cultural and legislative norms. Consequently, intersex persons remain without explicit recognition under Kenyan law, leaving them vulnerable to discrimination and dependent on fragmented statutory protections. Chigiti concludes that achieving meaningful recognition requires legislative reform that acknowledges biological diversity and ensures that intersex persons are fully protected within Kenya’s constitutional and legal frameworks.

Identity, Documentation and Legal Personhood

Identity documentation is a primary gateway to legal personhood in Kenya, yet intersex persons routinely encounter exclusion because existing systems recognise only two sex categories: male or female. Chigiti underscores that birth certificates, national identity cards, and passports are not merely administrative tools but instruments that affirm an individual’s legal existence, belonging, and citizenship. Without them, a person’s ability to participate in society is profoundly restricted. For intersex children, the challenge emerges immediately at birth. Medical staff and civil registration officers, operating within a binary framework, often compel parents to select a sex designation despite uncertainty, resulting in assignments based solely on outward genital appearance rather than comprehensive medical assessment. This early classification which is frequently inaccurate imposes an identity that may later conflict with the individual’s physical development or self-understanding, thereby undermining their autonomy and personal narrative.

Because legal records form the basis for nearly all entitlements, inaccurate or absent documentation triggers a cascade of exclusion. Intersex individuals who cannot obtain accurate birth certificates or national IDs face barriers in accessing education, healthcare, employment, housing, and voting rights. For school enrolment, birth certificates are compulsory; those without them may be denied admission or forced into constant explanation of their identity. In healthcare settings, identity cards are essential for insurance coverage and continuity of care. Lack of documentation can therefore undermine access to diagnosis, treatment, and psychological support. Adults with mismatched records frequently encounter suspicion, humiliation, and bureaucratic hostility when attempting to update their sex markers, underscoring the intertwined nature of documentation and social acceptance.

Although Kenya’s Access to Information Act and related legal provisions allow for correction of personal records, the process remains complex, costly, and poorly understood. Individuals often require medical certification, affidavits, and legal representation to effect changes thus placing rectification out of reach for most intersex persons. This administrative burden constitutes a form of indirect discrimination: while the procedures apply to all, they disproportionately disadvantage those whose identities challenge binary norms. Chigiti argues that the absence of explicit legislative guidance on intersex documentation leaves individuals dependent on discretionary decisions by civil servants and courts, leading to inconsistency and vulnerability. He emphasizes that recognition is not symbolic; it is a prerequisite for enjoying fundamental rights and freedoms. Achieving meaningful reform therefore demands that Kenya adopt clear legal provisions enabling flexible sex/gender markers, streamlined correction processes, and non-discriminatory recognition of intersex status to ensure full legal personhood.

Parental Dilemmas and Child Protection

The birth of an intersex child in Kenya often triggers confusion, fear, and emotional turmoil within the family, largely because intersex variations are poorly understood and highly stigmatized. Chigiti explains that parents are typically thrust into a decision-making space without sufficient medical, psychological, or social support. In many cases, families receive inconsistent or superficial medical explanations, leaving them uncertain about their child’s biological status and future development. This uncertainty can generate guilt, shame, or internalized blame, particularly where cultural or religious interpretations frame intersex traits as curses, misfortunes, or aberrations. The desire to protect the child from ridicule, combined with the pressure to conform to binary expectations, often drives parents into secrecy, resulting in delayed health care, insufficient emotional bonding, and isolation of the child from community life.

Within this context of inadequate guidance, parents frequently face intense pressure to authorise early genital “normalisation” surgeries. These procedures are typically presented as corrective measures intended to align the child’s body with male or female norms, even when not medically necessary. Chigiti emphasizes that these decisions are often made before parents fully understand their long-term implications. Without access to balanced information regarding physical risks, psychological impact, and ethical concerns, families may consent to interventions that compromise bodily autonomy, future reproductive function, and the child’s self-determination. Moreover, because intersex traits may involve developmental changes during puberty, surgical decisions made in infancy can produce lifelong distress when the child’s physical or psychological sex diverges from the assigned identity. As the child grows, undoing earlier surgical or legal decisions becomes complex, expensive, and emotionally destabilizing.

These challenges underscore the need for strong child-protection frameworks grounded in the best interests of the child, as recognised under Article 53 of the Constitution and the Children Act. Chigiti argues that societal shame and misinformation can lead to harmful practices, including abandonment, infanticide, or long-term concealment. Ensuring child welfare therefore requires active State intervention to prevent abuse, promote family counselling, and regulate medical decision-making. Protecting intersex children involves guaranteeing access to psychosocial support, delaying non-essential surgeries until the child is mature enough to participate in decisions, and preventing discrimination in healthcare, education, and documentation processes. Child-focused protection mechanisms must affirm dignity and safety while empowering caregivers with accurate information. Chigiti concludes that safeguarding intersex children requires shifting from secrecy and coercive conformity toward transparency, informed consent, and holistic support systems that respect bodily integrity and human rights.

Healthcare, Bodily Autonomy and Post-Surgery Harm

Healthcare access for intersex persons is deeply intertwined with issues of bodily autonomy, dignity, and informed consent. Chigiti observes that the medical system in Kenya often approaches intersex variations through a pathological lens, prioritizing the “correction” of bodies rather than understanding or supporting their natural diversity. From infancy, intersex individuals are subjected to medical examinations that frequently frame their anatomy as problematic or abnormal, reinforcing stigma and legitimizing invasive intervention. While healthcare professionals have an important role in diagnosing intersex traits, Chigiti stresses that their responsibility extends beyond clinical assessment to the ethical obligation of respecting autonomy and providing transparent, non-coercive information to families. Effective care must include psychological support for both child and caregivers, avoiding fear-based narratives that push families toward unnecessary medical decisions.

A central concern in this thematic area is the widespread practice of non-consensual “normalisation” surgeries performed on intersex infants and young children. These surgeries, often conducted for social rather than medical necessity; aim to modify genitalia to resemble typical male or female forms. Chigiti emphasizes that such interventions are irreversible and frequently result in diminished sexual function, chronic pain, scarring, reduced fertility, and psychological trauma. Many intersex youth grow up without being informed of the procedures performed on them, only discovering later that their anatomy was altered without their consent. Because these surgeries are performed before the child can participate in decision-making, they are incompatible with key human rights principles, including bodily integrity, informed consent, and freedom from degrading treatment. The absence of long-term medical follow-up exacerbates the problem, leaving individuals with ongoing complications and little institutional support.

The long-term consequences of these surgeries extend beyond physical harm. Chigiti documents how repeated medical interventions, failed reconstructions, and ongoing infections frequently push individuals into cycles of hospitalization and social withdrawal. Some are left incontinent and dependent on diapers; others face repeated surgical attempts to “fix” initial procedures, compounding trauma. The social stigma attached to these outcomes often prevents individuals from seeking further care, driving them into silence and isolation. Emotional harm including shame, depression, and loss of identity is pervasive, particularly when physical development during puberty conflicts with the sex assigned surgically at birth. These challenges highlight the urgent need for a patient-centered, rights-based healthcare model in which medical treatment respects bodily autonomy, defers irreversible intervention until informed consent is possible, and provides psychosocial support to individuals and families. Chigiti concludes that reform in Kenya’s health sector is essential to prevent further harm: healthcare workers must be sensitized, medical guidelines must be revised to prohibit medically unnecessary surgeries, and intersex persons must be guaranteed access to comprehensive, non-discriminatory care throughout their lives.

Education and Social Inclusion

Education is a transformative right that enables individuals to acquire skills, build confidence, and participate meaningfully in society. For intersex children in Kenya, however, access to education is often impeded by structural, social, and administrative barriers. Chigiti explains that the earliest hurdle typically arises at the point of school enrolment, where a birth certificate is required. Because many intersex children are either mis-registered or not registered at all due to uncertainty around sex classification, they may be denied admission or delayed in beginning school. Even when enrolled, school records designed around a rigid male–female binary force children into sex categories that may not align with their bodies or identity. This administrative misalignment contributes to confusion, emotional distress, and a sense of alienation, demonstrating how exclusion is built into the very structure of the education system.

Within the school environment, intersex learners face heightened vulnerability to bullying, ridicule, and physical or psychological harassment from peers and sometimes even from teachers. Puberty often magnifies this vulnerability when physical development diverges visibly from male or female norms, exposing children to stigma and unwanted questioning. Schools, which typically lack guidelines for supporting intersex students, may react with punitive or exclusionary measures rather than compassion and protection. In particular, the strict division of sanitation and dormitory spaces by sex poses serious risks. Intersex learners may be forced into facilities that are unsafe or inappropriate, or they may be denied accommodation altogether in boarding schools—pushing many out of schooling prematurely. Weak institutional awareness compounds these harms, as educators are rarely trained to recognize intersex realities or respond sensitively to students’ needs.

The repeated trauma of discrimination contributes to higher dropout rates among intersex learners and increases the likelihood of long-term social marginalization. Chigiti stresses that exclusion from education closes pathways to social mobility, economic opportunity, and legal consciousness reproducing cycles of vulnerability. Thus, social inclusion within the education system is not simply a matter of physical access but of meaningful participation in a safe, affirming environment. To achieve this, schools must adopt comprehensive inclusion measures: sensitizing teachers and staff, protecting students through robust anti-bullying policies, and ensuring access to gender-neutral facilities. Curricula should reflect human diversity, promoting understanding and dismantling stereotypes from an early age. These measures must be coupled with nationwide awareness campaigns and policy reforms that affirm every learner’s dignity. Chigiti argues that centering intersex learners’ rights in educational policy is essential to ensuring that Kenya’s constitutional promise of equality becomes a lived reality, fostering a society in which all children regardless of sex characteristics can learn, grow, and thrive.

Access to Information

Access to information is a foundational right that enables individuals to understand themselves, make informed decisions, and seek the protection of the law. For intersex persons in Kenya, this right is especially critical because much of the information related to their biological status, medical history, and early-life interventions is often withheld, obscured, or inaccessible. Chigiti underscores that Article 35 of the Constitution guarantees every citizen the right to access information held by the State and by others where necessary for the exercise or protection of rights. This includes medical records documenting diagnosis, surgical procedures, hormone treatments, or decisions made on a child’s behalf. Without access to such information, intersex persons may be deprived of the ability to understand their identities, engage in informed health choices, or challenge violations committed against them in their early years. Thus, access to information becomes a gateway to bodily autonomy, legal clarity, and psychological affirmation.

Despite legal safeguards particularly the Access to Information Act (2016) intersex persons frequently encounter barriers when attempting to retrieve important personal records. Healthcare institutions, guardians, or civil authorities may refuse disclosure due to ignorance, stigma, or paternalistic beliefs that such information is too sensitive or harmful. In many cases, intersex individuals only learn in adolescence or adulthood that they underwent genital surgeries as infants or were subjected to hormonal treatments without consent. Such delayed discovery can trigger profound emotional distress and a sense of betrayal. These barriers are compounded by administrative challenges, including poorly digitized records, discretionary decision-making by officials, and lack of awareness about legal entitlements. Even when individuals attempt to correct inaccurate details such as sex markers on identification documents, the procedures are cumbersome, expensive, and poorly publicized, hindering their ability to secure accurate documentation and exercise full citizenship.

Chigiti argues that ensuring meaningful access to information requires more than legislative recognition; it demands proactive institutional support. Hospitals and civil registration offices must develop protocols that guarantee timely release of medical and legal records, with specific provisions for intersex persons. State agencies and service providers must be trained to understand and uphold legal obligations regarding disclosure, while penalties for non-compliance should be consistently enforced. Public awareness campaigns are also necessary to ensure that intersex persons and their families understand their rights and know how to assert them. Ultimately, Chigiti maintains that access to information is inseparable from dignity: when intersex persons are empowered with knowledge about their bodies and histories, they can advocate for their rights, correct harmful narratives, and build identities grounded in autonomy rather than silence or coercion.

Family Life, Marriage and Adoption

Family life is a core social and constitutional right in Kenya, yet intersex persons often struggle to enjoy its full expression due to stigma, legal ambiguity, and cultural resistance. Chigiti emphasizes that the family is recognized under the Constitution as the natural and fundamental unit of society, deserving protection and support. However, without explicit legal recognition of intersex identity, many intersex adults face uncertainty regarding their ability to marry or enter legally recognized partnerships. Because Kenya’s legal system is built on a binary understanding of sex, marital status is closely tied to one’s legal classification as male or female. When an intersex person’s documented sex does not align with their lived identity or physical development, they may be denied the freedom to marry simply because their legal personhood is not clearly defined. This creates a landscape in which intersex individuals may be excluded from one of the most universal social institutions family formation.

Beyond marriage, Chigiti observes that intersex persons face entrenched prejudice within their own families of origin. Some are rejected at birth, abandoned, or subjected to harmful practices intended to erase their physical differences. Others grow up in secrecy, isolated by parents fearful of community backlash. Such experiences compromise emotional development and can lead to psychological trauma that persists into adulthood. Legal protections for children such as the right to name, nationality, and parental care are often undermined when intersex identity is perceived as a source of shame. Thus, child protection initiatives must reinforce the principle that every child, regardless of sex characteristics, has a right to nurturing family care. This includes interventions to prevent abandonment, ensure access to psychosocial support, and prohibit discrimination within the home. For parents, accessible information and counselling services are essential tools to support acceptance and informed decision-making.

Adoption presents a parallel set of challenges. Chigiti explains that although adoption law in Kenya is designed to prioritize the best interests of the child, intersex children may be disadvantaged due to discriminatory attitudes among prospective parents and adoption officials. Bias rooted in fear, misunderstanding, or cultural beliefs may lead to intersex children being overlooked in placement decisions. Yet, adoption can be a critical pathway to stable family life for intersex children who have been rejected or surrendered by their biological parents. Similarly, intersex adults seeking to adopt may encounter prejudice, since their gender identity or documentation may not conform to binary expectations. To address these gaps, Chigiti calls for an approach to adoption that centers dignity and non-discrimination. This requires sensitizing adoption officers, establishing clear anti-discriminatory guidelines, and affirming that intersex adults too are entitled to serve as adoptive parents. Ultimately, meaningful protection of family rights for intersex persons depends on dismantling cultural stigma and reforming legal structures so that biological variations do not impede the fundamental human right to family life.

Employment, Economic Opportunity and Public Participation

Employment and economic participation are essential components of human dignity and self-sufficiency, yet intersex persons in Kenya face profound barriers in accessing these opportunities. Chigiti observes that the root of this exclusion is two-fold: systemic discrimination and documentation challenges. Because identity documents in Kenya are strictly binary, many intersex persons either lack accurate identification or possess records that conflict with their lived identity. As a result, they struggle to meet standard requirements for job applications, professional registration, or entrepreneurship. Even where documentation is available, employers may respond with suspicion or hostility when sex markers or physical presentation appear inconsistent. These administrative and social barriers often push intersex persons into informal or precarious work, limiting income stability and reinforcing cycles of poverty.

Beyond documentation, workplace discrimination both overt and subtle undermines equal access to employment. Intersex persons may be excluded from hiring, denied promotions, or subjected to ridicule and harassment by colleagues. In some cases, employers have terminated contracts upon discovering an employee’s intersex status, illustrating how deeply stigma informs professional environments. Because physical characteristics may become more pronounced during adolescence or adulthood, intersex persons may face increasing scrutiny at later stages in their career development. The absence of explicit legal protections against discrimination on the basis of sex characteristics leaves them vulnerable, as anti-discrimination statutes often reference only male and female categories. This legislative gap means that intersex employees have limited avenues for redress when their rights are violated, reinforcing structural inequality in the labor market.

Economic exclusion also inhibits participation in public life. Without stable employment, many intersex persons are unable to access credit, secure housing, or contribute to social security systems. Those who lack national identification documents are further excluded from voting, accessing public services, and participating in government programs. Public appointment processes such as selection for community leadership positions, government boards, or administrative roles often rely on rigid identity verification systems that disadvantage intersex applicants. Even in civic spaces where participation does not require documents, social stigma often discourages intersex persons from engaging, for fear of exposure or discrimination. Chigiti argues that meaningful public participation requires both structural and attitudinal change. Legislative reform must explicitly recognize intersex persons and prohibit discrimination on the basis of sex characteristics, while public-sector institutions must incorporate inclusive practices. Additionally, broad social awareness campaigns are needed to cultivate respectful and supportive environments. By affirming intersex rights to work, vote, and contribute to public life, Kenya can take a significant step toward substantive equality and full citizenship for all its people.

Conclusion: Toward a Holistic Rights Framework

Chigiti’s analysis makes clear that the protection of intersex persons in Kenya requires far more than isolated legal adjustments; it demands a holistic rights framework grounded in dignity, autonomy, and substantive equality. Throughout the life cycle from birth to adulthood intersex individuals encounter structural and cultural forces that obscure their identities, deny recognition, and restrict access to essential services. The cumulative effect is a form of systemic invisibility that undermines every dimension of citizenship. While Kenya’s Constitution provides a strong foundation by guaranteeing equality, non-discrimination, and the security of the person, these broad guarantees have not translated into effective protection for intersex persons, primarily because legal and administrative systems continue to enforce the male–female binary. Realising constitutional promises therefore requires reforms that acknowledge the realities of intersex bodies and identities at law, in medicine, and across social institutions.

A holistic rights framework must begin with legal recognition. Explicit inclusion of “sex characteristics” within non-discrimination provisions, streamlined procedures for correcting identity documentation, and regulation of surgical interventions are essential steps. Equally important is the principle of bodily autonomy, which demands an end to medically unnecessary surgeries performed without informed consent. The healthcare sector must adopt a rights-based approach that integrates psychosocial support, informed decision-making, and sensitivity training for medical professionals. In education, comprehensive inclusion involves not only access but safety ensuring that intersex learners can study without fear of bullying, exclusion, or administrative barriers. Social systems, including family law, child protection, and adoption services, must also reflect the diversity of human sex characteristics, providing clear safeguards against abandonment and discrimination.

Finally, meaningful reform requires shifting social attitudes. Public education campaigns, professional training, and community dialogue are critical to dismantling stigma and building understanding. Advocacy networks and civil society organizations must be supported to amplify intersex voices, ensuring that policy changes are informed by lived experience. Chigiti concludes that the measure of Kenya’s commitment to human rights will be reflected in its willingness to protect those most marginalized by traditional frameworks. By embracing a holistic rights approach, one that integrates legal reform, medical ethics, social inclusion, and public education Kenya can transform intersex recognition from a contested boundary of identity into a fulfilled constitutional promise. Such a framework ultimately affirms that human diversity is not an aberration to be corrected, but a reality to be respected, protected, and celebrated.

This review was written by our Intersex Content Contributor, Delphine Barigye

The Intersex Model Law, proposed in 2017, was a draft law that the Centre for Human Rights at the University of Pretoria put together with the aim of protecting the rights and well-being of intersex individuals. The law was developed in response to historical injustices faced by intersex individuals, therefore crucial for addressing issues such as non-consensual medical interventions, legal recognition, and anti-discrimination protections which are central for the dignity and autonomy of intersex people. 

Efforts towards tabling the Model Law began with the first consultative meeting held by the Centre for Human Rights in South Africa to validate the draft Model Law on intersex persons. The meeting was attended by intersex rights activists from South Africa representing organisations including Iranti, AIDS Rights Alliance of Southern Africa (ARASA), Open Society Initiative for Southern Africa (OSISA), Transgender & Intersex Africa (TIA) and OUT Well-Being, as well as Justice John Chigiti from Kenya. According to a statement released by the Centre for Human Rights on 26 April 2017,

“there was a wide consensus during the consultative meeting on the need for states to enact laws and policies, review existing policies and repeal any laws to ensure that the rights of intersex persons are protected.”

The Centre for Human Rights planned to eventually table the Intersex Model Law at the African Commission on Human and Peoples’ Rights (ACHPR), specifically aiming for the Law to be used as a tool for advocating for law reform and stronger legal recognition and protection of fundamental rights and freedoms of intersex persons across Africa. Some of the legislative provisions in the Model Law included prohibition of all medical unnecessary surgeries and procedures on intersex children, prohibition discrimination of intersex person in all spheres of life, investigating and monitoring human rights violations against intersex persons through National Human Rights Institutions, ensuring that victims of such human rights violations have access to justice and some form of reparations, and providing easy administrative processes to make it easy for intersex persons to amend name and sex on a birth certificate or any other legal document.

SIPD Uganda held a panel discussion at the Changing Faces Changing Spaces conference in Kenya 2017, deliberating on the benefits of the draft Intersex Model Law, and panelists articulately expounded on why the law would be important. One of the panelists declared that, 

“Intersex children and people cannot afford to continue to be mistreated and thrown to extreme margins of society and this is why the model law would be instrumental in pushing our advocacy for shifts in language from pathological to rights based terms and subsequent shifts in lived realities through an Africa-wide resolution in the short term and National legal in the long run. Whether via tools such as the law or policy the ultimate goal is to change societal attitudes and create a safe and just environment for intersex children and people in every sphere of life. So we are very keen on short term gains like improved living realities as much as long term gains such as national and continental legal reforms.”

The second consultative meeting was held in Niamey, Niger at the NGO Forum preceding the 60^th Ordinary Session of the ACHPR. During this session, the commissioners advised that the activists consider tabling a resolution to the Commission instead of proposing it as a law. The difference between a Model Law and a Resolution is not something you can refer to as insignificant, as they serve distinct purposes and have different impacts. A Model Law provides a detailed legal framework intended to guide or influence national legislation, making them more practical tools for legislative change while Resolutions, on the other hand, are formal expressions of opinion, recommendations, or policy positions.  In this case, a Resolution was recommended because it would be more flexible, address a wide range of issues and easier to gain consensus on. Also, a Resolution could be passed more quickly than a Model Law, a difference which was crucial, especially at a time when the anti-gender movements were on the rise. The Resolution could also be a way to shape the discourse or put an issue on the agenda for further action including the possible future development of a model law or other binding agreements.

Countries might agree on broad principles expressed in a Resolution, making it influential and welcomed more openly than a Model Law in most African countries and yet still raise important visibility and help these countries set their own agendas for human rights protections for their native intersex people. 

The ACHPR had previously adopted Resolution 275 in 2014, a resolution on the protection against violence and other human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity, a great win for the LGBTIQ community. However, the resolution did not specifically mention intersex persons or sex characteristics, which is why it was very important to lobby for a resolution that would specifically speak to the intersex rights in Africa. All of this combined, prompted advocacy work which later facilitated the adoption of the Resolution on the promotion and protection of the rights of intersex persons in Africa – ACHPR/Res.552 (LXXIV) 2023.

The journey towards securing the rights of intersex individuals is far from over, but collaborative efforts between activists, legal experts and organisations across Africa represent a powerful force for change. It is crucial that the momentum for intersex rights be maintained. Advocates and allies must continue to push for both short-term victories and long-term reforms, ensuring that the rights of intersex persons are not only recognised but actively protected. The path forward will require persistence, solidarity and innovative strategies, but the goal remains clear: a future where intersex persons can live with dignity, free from discrimination and harm.

Article researched and written by our content contributor, Delphine Barigye

In August 2015, a report on violations to children and people born intersex or with differences of sex development was launched by Support Initiative for People with Atypical Sexual Development (SIPD), airing the most revolting abuses and violations that intersex people experience. The Report is titled, ‘Uganda Report of Violations to Children and People Born Intersex or with Differences of Sex Development’. You can read the full report here.

The highlight of the Report was Intersex Genital Mutilation (IGM) which was then commonly referred to as surgery without consent. The Report shows that over 22 cases of intersex genital mutilation were recorded in that year alone not to mention that these are the only documented cases. Many go by behind closed curtains. The Report displays a picture of an intersex child whose surgery had gone wrong and the child was left in a state where they were oozing urine all day long. The mother needed to buy Pamper’s (nappies), which she could not afford, for a grown child who did not need them in the first place. This is only one of the countless side effects that IGM bears.

Intersex Genital Mutilation is commonly referred to as the non-consensual and medically unnecessary procedures performed on intersex individuals, often during infancy or childhood to alter their genitalia to fit societal norms. These procedures can include surgeries to modify genital appearances or remove reproductive organs. Typical forms of IGM include clitoral reduction, vaginoplasty and gonadectomy.

The launch had representatives from all the East African countries at that time besides Tanzania including Uganda, Kenya, Burundi and Rwanda. The launch was attended by over 30 key stakeholders including Intersex community members with their families, health service providers especially midwives and paediatricians, intersex human rights activists and activists from affiliated civil society organisations.

The launch of the report was attended by representatives of 30 East African countries

Female Genital Mutilation explained

The practice is not usually given the term female genital mutilation (FGM).  In some parts of Africa, it is referred to as female circumcision.  The tradition involves the partial or total removal of external female genitalia. The practice is still found in several African countries including Kenya, Uganda, Somalia, Tanzania, Ethiopia and many more. The practice is seen as part of a girl’s initiation into womanhood and hence a prerequisite for marriage. It is usually carried out to control women’s sexuality as it is also thought to ensure virginity before marriage and fidelity afterwards and to increase male sexual pleasure. Young girls are usually persuaded to accept the tradition with promises that it will bring riches to the family, and help them have children easily.

Are both IGM and FGM rooted in societal control?

IGM has in many circumstances been compared to FGM in discussions about nonconsensual genital surgeries and the violation of bodily autonomy. Both practices are rooted in societal control reflecting deep-seated norms and beliefs about gender roles, sexuality and appearance.

Gender norms

IGM: Procedures performed on intersex individuals often aim to enforce traditional binary gender norms by altering genitalia to fit societal expectations.

FGM: Often carried out to control female sexuality, FGM reflects cultural beliefs that link a woman’s virtue and modesty to the modification of her genitalia.

Power dynamics

IGM: Medical professionals and parents might make decisions about intersex children’s bodies, exerting control over their physical development without their consent.

FGM: Typically performed within specific cultural contexts, FGM is often driven by a desire to maintain power structures and control over women’s bodies within patriarchal societies.

Cultural and social expectations

IGM: Societal expectations regarding binary gender norms drive the urge to conform intersex individuals to these norms through medical interventions.

FGM: Embedded in cultural traditions, FGM is often seen as a way to ensure a girl’s marriageability and adherence to established cultural practices.

In both cases, societal control manifests through these practices, highlighting the importance of challenging harmful norms, promoting bodily autonomy and respecting the rights of individuals.

Impact of the practices on individuals

The practices have deep and lasting repercussions on the lives of the individuals who live these experiences. Both can lead to immediate and long-term physical complications including physical pain, scarring and chronic pain. The non-consensual surgeries cause profound psychological trauma leading to feelings of anxiety and depression.

A lived reality for Ronnie Zuze from Zimbabwe

Ronnie has undergone four unnecessary genital corrective surgeries since birth.  Three of these happened in the early 1980s when Ronnie was still an infant. As a young adult, Ronnie was able to put a stop to any more of these surgeries as they were more aware of the harm they were causing them. Unfortunately, the harm that was done is irreversible and has resulted in lifelong medical complications which Ronnie refers to as extremely challenging to address. The surgeries also caused chronic pain, permanent scarring and emotional struggles. The medical record keeping in at hospitals at that time was also characterized by insufficient organisation and documentation posing challenges for comprehensive healthcare and forsaking Ronnie to having no medical history. Ronnie wishes that the doctors had waited to do the surgeries and given them a chance to be part of the decision to whether or not to have these surgeries done on them. They strongly advocate for patience and the need to prioritise informed consent when it comes to cosmetic surgeries on intersex individuals.

It’s time to end outdated and harmful practices of female genital mutilation (FGM) and Intersex genital mutilation (IGM)

The African community must unite against the harmful practices of female genital mutilation and Intersex genital mutilation. These outdated traditions not only infringe upon fundamental human rights but also perpetuate cycles of physical and psychological suffering. By fostering awareness, education, and advocating for legal measures, we can collectively work towards eradicating these practices, empowering individuals to make informed choices about their bodies, and ensuring a future where everyone can live free from the shadows of such practices. Focus on changing these roots of control to foster a world where every person regardless of gender can thrive in an environment that upholds dignity, equality and the right to bodily integrity.

Now is the time to end Intersex Genital Mutilation and Female Genital Mutilation.

This article was written by our Intersex Content Contributor, Delphine Barigye.

The Case of R.M. v. Attorney General & 4 Others (2010), Petition No. 705 of 2007 Kenya, High Court

This landmark legal battle highlighted the rights of intersex persons and challenged the lack of legal recognition and protection for them.

Richard Musya (R.M.), the petitioner in this case, was born intersex, with ambiguous genitalia and raised as male by their parents. The medical and societal understanding of intersex conditions in Kenya, as in many parts of the world, was limited. Intersex persons often faced stigma, discrimination, and pressure to conform to binary gender norms through surgical interventions or other means.

R.M. faced significant challenges related to their intersex status, including difficulties in obtaining legal recognition for employment and marriage, and documents such as a birth certificate that accurately reflected their identity. This lack of documentation affected many aspects of their life, including access to education, healthcare, and social services.

R.M. was later arrested and while awaiting trial, they were isolated because they are intersex. Upon conviction, the petitioner was transferred to a maximum security prison in the male population where they suffered inhuman and degrading treatment at the hands of prison officials.

R.M. brought the case to the High Court of Kenya, arguing that the state had violated their constitutional rights by failing to provide adequate legal recognition and protection for intersex persons. The case was grounded in several constitutional provisions, including the right to dignity, equality, and freedom from discrimination on the basis of sex. R.M. sought the issuance of a birth certificate that accurately reflected their intersex status without forcing a male or female designation. They challenged the systemic discrimination faced by intersex persons in Kenya, advocating for legal and social recognition of their unique identities. The case brought attention to the pressure on intersex persons to undergo unnecessary medical procedures to conform to binary gender norms. 

Throughout the case, various experts, including medical professionals, human rights advocates, and intersex persons, provided testimony on the nature of intersex conditions and the human rights issues involved. The petitioner’s legal team argued that the lack of recognition and the forced binary classification violated R.M.’s fundamental rights.

Judgement

The High Court granted R.M.’s claim for damages for inhuman and degrading treatment at the hands of the state, but rejected all other claims. It pioneered public interest litigation on the challenges faced by intersex persons. It resulted in the Court enshrining the principles of intersex persons being free from cruel, inhumane and degrading treatment or punishment especially during arrest or search. 

E.A. & Another v. Attorney General & 6 others (Baby ‘A’ case) [2014], Petition No. 266 of 2013 Kenya 

Baby A, who was born as an intersex baby with ambiguous genitalia, was marked ‘?’ on their legal documents. 

Baby A’s mother (E.A.), the petitioner in this case, faced several challenges trying to register the birth of her baby which required a determinate sex category as either male or female — categories that her baby did not fit. As a result, her baby was not issued a birth certificate. In these cases, many intersex children are forced to undergo corrective surgery, which undermines their right to self-autonomy and brings about many other challenges later on in their adult life.

E.A. brought the case to the High Court, claiming that not having a birth certificate denies the baby legal recognition (suing for legal discrimination) and the ability to enjoy other rights like the right to education and Medicare care. 

Judgement

The Court found no evidence to support that Baby A had experienced discrimination and held that neither the hospital nor the Court had violated the baby’s rights. The Court confirmed that the baby was intersex and in order to avoid any future discrimination, Baby A and other intersex children must be registered by the registrar of Births and Deaths.

The Court determined that there was a necessity for guidelines, rules, and regulations concerning surgeries on intersex persons, as well as for the government to gather data on intersex persons. However, it also found that it was beyond its jurisdiction to establish such guidelines or oversee data collection and therefore instructed the government to undertake these responsibilities.

Subsequent Developments for the Intersex Community in Kenya

Following these two judgments, there have been ongoing efforts in Kenya to improve the legal framework for intersex persons. This includes advocacy for comprehensive anti-discrimination laws, better healthcare policies, and increased public awareness to reduce stigma and discrimination against intersex people.

The R.M. case was a pivotal moment in advancing the rights of intersex persons in Kenya and across Africa. It set a precedent for legal recognition and protection, prompting discussions on necessary legal and policy reforms to support intersex people. The case also raised awareness about intersex issues, contributing to a broader movement towards greater visibility and acceptance.

The Baby A case triggered reforms on the rights of intersex people in Kenya. In 2014, the Persons Deprived of Liberty Act was enacted and defined “intersex” within Kenyan Legislation for the first time. 

In 2017, the Attorney General formed the Taskforce on Policy, Legal, Institutional and Administrative Reforms Regarding Intersex Persons. The Taskforce reported to the Kenyan government about the human rights situation of intersex persons in Kenya and recommended law reforms to recognise and protect the rights of intersex persons in Kenya, and called for the collection of statistical data on intersex persons. The resultant inclusion of intersex persons in statistical data in Kenya made Kenya the first African country to include data on intersex people in its census in 2019. 1,524 Intersex persons were counted, a number estimated to be less than the actual number because many numerators did not include the ‘I’ gender marker question and many are still believed to have not disclosed their truth. 

The Attorney General also created the Intersex Persons Implementation Coordination Committee (IPICC), a body established to oversee and coordinate the implementation of policies and programmes concerning the rights and welfare of intersex individuals in Kenya. Following this, the Kenyan president appointed the first intersex commissioner at the Kenya National Commission on Human Rights.

The Children Act, 2022 introduced significant provisions for intersex children. The Act mandates that intersex children are to be treated with respect and given equal access to essential services, including healthcare, education, and social protection. It also condemns discrimination against intersex children in child protection centres and other similar facilities. A key aspect of the law is its protection against non-consensual and unnecessary sex assignment surgeries, stipulating that such procedures should only occur with medical recommendation. Violators of this provision face a minimum fine of $5,000. Although entrusting doctors with decision-making power could pose some risks, this legislation represents a significant step forward and serves as a powerful example for intersex rights advocates throughout Africa.

Strategic Action Litigation has proven to be a vital tool in advancing the rights and protections for intersex persons in Kenya. The continued legal and social efforts are part of a journey that Kenya is on to eventually achieve full recognition and protection of intersex rights. It is a combination of effort from legal practitioners, activists, policymakers, and the community at large. By remaining steadfast in these efforts, there is hope for a future where intersex individuals can live freely and with dignity, enjoying the same rights and protections as all other Kenyan citizens. 

Written by our content contributor, Delphine Barigye

First screened in December 2012, ‘My Secret Life’ is a short documentary compiled by Support Initiative for People with Atypical Sex Development (SIPD), exploring intersex lived realities through voices of intersex children and people, parents, doctors, and SIPD staff. The documentary highlights the obscene discrimination that intersex persons in Uganda experience simply because of their uniqueness.

“Are you a boy or a girl?” This is the question that determines which group a person can play with at school.

The first public screening took place at the December 26th ILGA (International Lesbian, Gay, Bisexual, Trans and Intersex Association) World Conference in Stockholm, where it received a paradoxical yet powerful response – both unsettling and deeply encouraging. Many activists working on minority rights witnessed, for the first time, an African perspective on intersex lived realities and experiences documented in such depth. 

The post-screening question and answer session was one of the most rewarding moments, sparking new partnerships and opportunities to amplify African intersex voices on national, regional, and International platforms.

Watch the documentary

This article was written by our intersex content contributor, Delphine Barigye.

The Case of R.M. v. Attorney General & 4 Others (2010), Petition No. 705 of 2007 Kenya, High Court

This landmark legal battle highlighted the rights of intersex persons and challenged the lack of legal recognition and protection for them.

Richard Musya (R.M.), the petitioner in this case, was born intersex, with ambiguous genitalia and raised as male by their parents. The medical and societal understanding of intersex conditions in Kenya, as in many parts of the world, was limited. Intersex persons often faced stigma, discrimination, and pressure to conform to binary gender norms through surgical interventions or other means.

R.M. faced significant challenges related to their intersex status, including difficulties in obtaining legal recognition for employment and marriage, and documents such as a birth certificate that accurately reflected their identity. This lack of documentation affected many aspects of their life, including access to education, healthcare, and social services.

R.M. was later arrested and while awaiting trial, they were isolated because they are intersex. Upon conviction, the petitioner was transferred to a maximum security prison in the male population where they suffered inhuman and degrading treatment at the hands of prison officials.

R.M. brought the case to the High Court of Kenya, arguing that the state had violated their constitutional rights by failing to provide adequate legal recognition and protection for intersex persons. The case was grounded in several constitutional provisions, including the right to dignity, equality, and freedom from discrimination on the basis of sex. R.M. sought the issuance of a birth certificate that accurately reflected their intersex status without forcing a male or female designation. They challenged the systemic discrimination faced by intersex persons in Kenya, advocating for legal and social recognition of their unique identities. The case brought attention to the pressure on intersex persons to undergo unnecessary medical procedures to conform to binary gender norms. 

Throughout the case, various experts, including medical professionals, human rights advocates, and intersex persons, provided testimony on the nature of intersex conditions and the human rights issues involved. The petitioner’s legal team argued that the lack of recognition and the forced binary classification violated R.M.’s fundamental rights.

Judgement

The High Court granted R.M.’s claim for damages for inhuman and degrading treatment at the hands of the state, but rejected all other claims. It pioneered public interest litigation on the challenges faced by intersex persons. It resulted in the Court enshrining the principles of intersex persons being free from cruel, inhumane and degrading treatment or punishment especially during arrest or search. 

E.A. & Another v. Attorney General & 6 others (Baby ‘A’ case) [2014], Petition No. 266 of 2013 Kenya 

Baby A, who was born as an intersex baby with ambiguous genitalia, was marked ‘?’ on their legal documents. 

Baby A’s mother (E.A.), the petitioner in this case, faced several challenges trying to register the birth of her baby which required a determinate sex category as either male or female — categories that her baby did not fit. As a result, her baby was not issued a birth certificate. In these cases, many intersex children are forced to undergo corrective surgery, which undermines their right to self-autonomy and brings about many other challenges later on in their adult life.

E.A. brought the case to the High Court, claiming that not having a birth certificate denies the baby legal recognition (suing for legal discrimination) and the ability to enjoy other rights like the right to education and Medicare care. 

Judgement

The Court found no evidence to support that Baby A had experienced discrimination and held that neither the hospital nor the Court had violated the baby’s rights. The Court confirmed that the baby was intersex and in order to avoid any future discrimination, Baby A and other intersex children must be registered by the registrar of Births and Deaths.

The Court determined that there was a necessity for guidelines, rules, and regulations concerning surgeries on intersex persons, as well as for the government to gather data on intersex persons. However, it also found that it was beyond its jurisdiction to establish such guidelines or oversee data collection and therefore instructed the government to undertake these responsibilities.

Subsequent Developments for the Intersex Community in Kenya

Following these two judgments, there have been ongoing efforts in Kenya to improve the legal framework for intersex persons. This includes advocacy for comprehensive anti-discrimination laws, better healthcare policies, and increased public awareness to reduce stigma and discrimination against intersex people.

The R.M. case was a pivotal moment in advancing the rights of intersex persons in Kenya and across Africa. It set a precedent for legal recognition and protection, prompting discussions on necessary legal and policy reforms to support intersex people. The case also raised awareness about intersex issues, contributing to a broader movement towards greater visibility and acceptance.

The Baby A case triggered reforms on the rights of intersex people in Kenya. In 2014, the Persons Deprived of Liberty Act was enacted and defined “intersex” within Kenyan Legislation for the first time. 

In 2017, the Attorney General formed the Taskforce on Policy, Legal, Institutional and Administrative Reforms Regarding Intersex Persons. The Taskforce reported to the Kenyan government about the human rights situation of intersex persons in Kenya and recommended law reforms to recognise and protect the rights of intersex persons in Kenya, and called for the collection of statistical data on intersex persons. The resultant inclusion of intersex persons in statistical data in Kenya made Kenya the first African country to include data on intersex people in its census in 2019. 1,524 Intersex persons were counted, a number estimated to be less than the actual number because many numerators did not include the ‘I’ gender marker question and many are still believed to have not disclosed their truth. 

The Attorney General also created the Intersex Persons Implementation Coordination Committee (IPICC), a body established to oversee and coordinate the implementation of policies and programmes concerning the rights and welfare of intersex individuals in Kenya. Following this, the Kenyan president appointed the first intersex commissioner at the Kenya National Commission on Human Rights.

The Children Act, 2022 introduced significant provisions for intersex children. The Act mandates that intersex children are to be treated with respect and given equal access to essential services, including healthcare, education, and social protection. It also condemns discrimination against intersex children in child protection centres and other similar facilities. A key aspect of the law is its protection against non-consensual and unnecessary sex assignment surgeries, stipulating that such procedures should only occur with medical recommendation. Violators of this provision face a minimum fine of $5,000. Although entrusting doctors with decision-making power could pose some risks, this legislation represents a significant step forward and serves as a powerful example for intersex rights advocates throughout Africa.

Strategic Action Litigation has proven to be a vital tool in advancing the rights and protections for intersex persons in Kenya. The continued legal and social efforts are part of a journey that Kenya is on to eventually achieve full recognition and protection of intersex rights. It is a combination of effort from legal practitioners, activists, policymakers, and the community at large. By remaining steadfast in these efforts, there is hope for a future where intersex individuals can live freely and with dignity, enjoying the same rights and protections as all other Kenyan citizens. 

Written by our content contributor, Delphine Barigye