Kisii — Intersex people in African countries face a lot of challenges including employment and education discrimination, access to health care services, social stigma and prejudice and legal recognition because their sexual anatomy does not fit into the description of male or female.
Traditionally, African communities believes intersex people are born either unclean, bad omen or possessed with evil spirits, religious believes intersex people were born out of evil spirits and they would be cleansed without changing their identity.
Kenya was the first African country to recognize intersex people in the 2019 census accumulation journey which has been fought in the streets, courtrooms and parliament.
However, Kenya does not have specific legal provisions for intersex individuals. This lack of legal recognition can result in difficulties in obtaining official identification documents, such as birth certificates or identity cards, that accurately reflect their intersex status.
2019 census data revealed that Kenya has 1,524 intersex people. This data was released by the Kenya National Bureau of Statistics (KNBS) whereby Nairobi County recorded the highest number of intersex people with 245, Kiambu,135 and Nakuru 95.
26-year-old Boniface Nyakundi from Kisii County narrates numerous times he was tormented by his family, relatives and neighbors. Nyakundi was born as an intersex person with both male and female organs in Kericho county.
With his condition, the extended family back at home received the shocking news and ordered his parents to never step at ho me with him as he was considered evil, His parents gave him parental love like any other child.
However, things got worse during the post-election violence when they were forced to relocate to his native home in Kisii and he was enrolled in a new primary school with his other siblings.
Nyakundi recalls the numerous times he was humiliated and bullied by his fellow pupils and even got ashamed of being an intersex person.
"Using washrooms was the most difficult part of my school life, am dressed in a boy's uniform and am here using the ladies, pupils used to follow me to the washroom and try to peep in order to see my sexual organs," says Nyakundi.
He got demoralized, in several occasions, he told his mother he wanted to drop out of school and stay at home since his condition was tormenting him and pupils and even some teachers were making fun of him.
"In 2013 I lost both my parents and this my situation worse, the only people who loved and cared for me were gone, it was me against the world, I remember I hide myself and stayed withing our compound for a year to avoid humiliation," says Nyakundi.
After he gained some courage and decided to go back to school, the humiliation never stopped, he recalls one of the worst experiences he encountered while he was on his way home from school, the villagers were waiting for him by the roadside and stopped him, they wanted to strip him naked for everyone to see his sexual organs.
One woman from the crowd defended him and asked the villagers to leave him, she became her best friend and guardian, she told Nyakundi one of her grandkids was also born with both male and female organs and so he should not fear as he was not alone.
Marylin Omwenga from of the colleges in Kisii was also born an intersex person, she says when she was at puberty that's when she discovered her body hormones are dominated by the y chromosomes.
She got it challenging to fall in love she would approach ladies but no one would wish to associate with her. She says she has to empty her bladder from home to avoid humiliation while in school.
"Am happy there is a bill that serves the intersex persons at list now we feel represented," says Omwenga
In 2009 a woman moved to court to question the gender of her child who was born an intersex and the doctors indicated a question mark next to the gender option in the birth certificate and her prayers were to compel to give her child identity to allow the child attend school.
In 2015 the high court granted her wish and ordered the government to issue the child with a birth certificate and also instructed the creation of a taskforce to recommend ways of supporting intersex children.
The Kenya National Commission on Human Rights (KNCHR) is currently conducting public participation in 24 counties on the intersex bill 2023, a bill for ACT of parliament to provide for the recognition, protection and safeguarding of intersex human rights in Kenya, to provide for equalization of opportunities, affirmative action and non-discrimination of intersex persons.
The ACT will include requirement for registration of births, amendment of official documentation by intersex persons and amendment of particulars in to identify documents.
The KNCHR CEO Dr. Benard Monari says the commission is subjecting a bill that will protect intersex persons and the commission has been working with stakeholders and drafted this bill which they are subjecting to Kenyans for public participation.
"We are conducting public participation for members of the public and duty bearers so that we can polish up this bill so that other process of ensuring its enacted into law will follow thereafter," says Monari.
Juliet Maganya from the Child Rights International network and also a member of Intersex Persons committee (IPC) which was put in place by the attorney general to give effect to the findings of the taskforce of the intersex persons.
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Maganya says the taskforce found out that intersex persons face discrimination and harassment in educational institutions and workplaces due to their intersex variations. This discrimination can limit their educational and employment opportunities and contribute to social marginalization.
Intersex infants and children in Kenya often face non-consensual and medically unnecessary surgeries, including genital surgeries, to conform to societal expectations of binary sex. These interventions can have long-term physical, emotional, and psychological consequences.
Intersex children in Kenya often face non-consensual and medically unnecessary surgeries, including genital surgeries, to conform to societal expectations of binary sex. These interventions can have long-term physical, emotional, and psychological consequences.
Access to appropriate healthcare for intersex people in Kenya is often inadequate. They may face challenges in finding healthcare professionals who are knowledgeable about intersex variations and can provide sensitive and informed care.
There is a limited availability of support services, such as counseling and peer support groups, specifically tailored to meet the needs of intersex people in Kenya. This lack of support networks can exacerbate feelings of isolation and contribute to mental health challenges.
