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."