This archive report was first published on 16 August 2019.
Published on August 16, 2019, a proposed Senate bill in Kenya aims to amend the Registration of Persons Act 2012 to recognize intersex persons' right to change their gender identity through medical procedures.
The bill, sponsored by nominated Senator Isaac Mwaura, seeks to provide that intersex persons who undergo medical surgeries to change their gender identity will have to surrender their previous identification documents, including IDs.
According to Senator Mwaura, the bill aims to make provision for the registration of persons born with both male and female reproductive organs, ensuring that their registration reflects their unique gender.
Intersex individuals in Kenya have long sought anonymity due to stigma, making it difficult to establish their exact population. However, the proposed law seeks to address this issue by providing a framework for intersex persons to change their gender identity and have it recognized by the law.
Commissioner Jedida Waruhiu of the Kenya National Commission on Human Rights (KNCHR) welcomed the proposed law, stating that it is a move in the right direction. Waruhiu, who is also the chairperson of the intersex taskforce report implementation committee, noted that the amendment is a bold step in attempting to implement the recommendation of the findings of the taskforce.
However, Waruhiu also expressed concerns that the definition of sex in the proposed law is narrow and not all-inclusive, urging the adoption or improvement of the definition contained in the report.
