Court Rules in Favor of Intersex Minor’s Right to Identity Ahead of Exams

The High Court has ordered the government, through the Principal Registrar of Persons, to immediately amend a minor’s birth certificate to reflect their current identity.

The decision came after a petition by the minor, who was assigned female at birth but now identifies as male. He sought urgent relief to have his records updated ahead of national examinations.

“The male attributes are dominant, and this order is necessary to enable the minor to identify, register, and sit for exams in accordance with their current identity,” lawyers Matiko Mang’era and Eric Keli told the court.

During Monday’s session, representatives from the Attorney General’s office and the National Assembly appeared in court, while the Katiba Institute and Next Gen lawyers were admitted as interested parties.

The court also issued interim orders to ensure the minor does not face discrimination in accessing education or recognition because of inconsistencies in official documents.

The petition, filed on behalf of more than 1,000 intersex persons together with the World Post Changers Network, goes beyond the minor’s case to highlight systemic challenges facing the intersex community.

Petitioners argue that the matter raises fundamental questions about healthcare, education, and legal recognition for one of Kenya’s most marginalized groups. They contend that intersex children and adults continue to face widespread violations of their rights.

“We are advancing issues of access to emergency healthcare, the right to education, recognition of identity, and protection from harassment, all of which intersex persons are being denied in Kenya,” lawyers Mang’era and Keli submitted.

The court allowed the petitioners to amend their pleadings and directed the respondents to file their responses within 14 days.

The case will be mentioned again on November 17 for further directions.

The post Court Rules in Favor of Intersex Minor’s Right to Identity Ahead of Exams appeared first on Nairobi Wire.