Nairobi — An Eldoret Court has ruled that the constitutional rights of a transgender woman were violated after she was subjected to involuntary body searches and forced medical examinations while in custody and at a public hospital.

According to court documents, Shieys Chepkosgei, who was detained at Eldoret Women's Prison in 2019 after being charged with personation at the Moi Teaching and Referral Hospital (MTRH), was forced to undergo body searches without her consent to determine her sex.

She was later subjected to medical procedures at MTRH, including blood tests and genital inspections.

In his judgment, Justice R. Nyakundi found that the actions of the Kenya Prisons Service and MTRH contravened Chepkosgei's rights to privacy, dignity, and equal protection under the Constitution.

The court recognized her right to self-identity and gender, declaring her "notably recognized as a transgender individual" to ensure her rights are guaranteed.

The judge awarded Chepkosgei Sh500,000 in damages and urged Parliament to develop legal frameworks to protect transgender rights, noting the Constitution safeguards all Kenyans, including gender minorities.

He further recommended complementing the Intersex Persons Bill, 2024, with provisions to cover the transgender community.