NAIROBI September 2 – A hermaphrodite on death row at the Kamiti Maximum Prison, has moved to court seeking orders to have doctors examine him and determine his sexuality.
Richard Muasya, 25 who was convicted by a Kitui magistrate’s court for violent robbery in March 2007, claims that his intersexual state had caused him to suffer ‘inhuman and degrading treatment’ by exposure to male convicts, and prison wardens.
He argues that his human and constitutional rights have been constantly violated by his continued detention at the ‘hardcore male penitentiary’.
He said he has been unable to get access to doctors because he is held in a high security prison and is now seeking the court’s intervention.
His lawyer John Chigiti argues that it is ‘extremely necessary and in the interest of justice’ to get a clear understanding of his medical and physical condition through doctors’ and expert reports.
Muasya was charged in March 2007, with three other suspects for violently robbery but his accomplices were later acquitted for lack of evidence.
In November 2007, the High Court ordered that Muasya be accorded exclusive or separate accommodation from male convicts.
His lawyer said he had already contacted various private doctors who have expressed their willingness to examine Muasya and prepare medical reports.