Kenya: Intersex 'Not Third Gender'

Demonstrators march through Nairobi streets to present a petition to parliament on October 26, 2016.
9 December 2014

A plea by an intersex five-year to be given legal recognition, which would have introduced a third gender in the law books, has been denied.

High Court judge Isaac Lenaola refused to give an order but directed that the baby be given birth a certificate.

In his decision the judge said Kenyans are not ready for a third gender.

He said the issue ought to be addressed by law.

"Whereas this court can find that Baby A and intersexuals are entitled to all rights under the Bill of Rights, to go further and create, by a judgment such as this one, a third categorisation of sex, would in my view be overstretching the mandate of this court."

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