In a litigation case by GMAT in 2014 in a Kenyan court, in a case of Baby ‘‘A’’ (Baby ‘‘A’’ Vs the Attorney General (AG) and other petition number 266 of 2014) Justice Isaac Lenaola brought out the need to have a list of the statutes that regulate the affairs of the intersex community. He further directed the AG to identify the state organ that is responsible for data collection around the issues of intersex.
Intersex Persons Society of Kenya (IPSK) through our patron Hon. Isaac Mwaura was able to table a petition in Kenyan Parliament, and The DEPARTMENTAL COMMITTEE ON ADMINISTRATION AND NATIONAL SECURITY on their report 5th June 2017 recommended that ;
1.The Government should roll out public awareness programmes to sensitize public on issues of intersex in order to eradicate sigma and discrimination.
2. The Ministry of Interior and coordination of National Government should take immediate administrative action to recognize intersex persons by adding a marker ‘ intersex’ on birth notification and birth certificate.
3. The Ministry of Health and County Government should consider allocating more funds to cater for special medical care for intersex persons to facilitate required corrective surgery and related procedures
4. The Kenya Bureau of Statistics and the Ministry of Health should provide statistics on all the intersex persons by ensuring that such statistics are captured in the national census and socio-economic surveys to facilitate effective planning for the needs of intersex persons.
5. The cabinet Secretary for Health should develop guidelines and procedure for dealing with intersex with intersex children especially as it relates to corrective surgery and put measures in place to ensure that the surgeries are done at maturity, when the affected persons have ,the right to make informed consent
6. The Government through the Inspector General of police should ensure that human rights violations against intersex people are investigated and alleged perpetrators prosecuted and that the victims of such violation receive redress
The Parliament recommendations, shed a prospect of protection and recognition of intersex persons as the National publication, The Kenya Gazette, publicly announced the formation of a Task Force on 26th May , 2017.
Instituted by the Attorney-General of Kenya, Professor Githu Muigai, the “Task Force on Policy, Legal, Institutional and Administrative Reforms Regarding Intersex Persons in Kenya” the terms of reference are :
a) To compile comprehensive data on the number and distribution of intersex Kenyans as well as record the challenges they face
b) Undertake comprehensive literature review based on a comparative approach of care , treatment and protection of intersex persons
c) Examine the existing policy , institutional, legislative , medical and administrative structures and systems governing intersex persons ;
d) Recommend comprehensive reforms to safe guard the interest of intersex persons;
e) Develop a prioritized implementation matrix clearly stating the immediate, medium and long term reforms governing the intersex persons.
The Task Force, based at the offices of the Kenyan Human Rights Commission, reports directly to the Attorney-General. We hope that the Task Force will implement interventions which will bring real change for intersex Kenyans,
Intersex is a condition in which a person is born with a reproductive or sexual anatomy that does not seem to fit the typical definitions of female or male. It therefore reflects a combination of differences in the development of a person’s internal and external sexual reproductive organs. Being intersex is occupying the middle ground between the typical male or female sexes.
Intersex Persons Society of Kenya (IPSK) director is a member of the Task Force.
Other members include:
Mbage Ng'ang'a - (chairperson), Jedidah Wakonyo waruhiu, maryann Njau Kimani, Jimmy Edwin Nyikuli, John M Kinyumu, Petronilla Mukaindo, Juliet Kola, Lavina Achieng Oluoch, James karanja
Samwel Oduor Kaumba & Veronicah Mwangi