NAIROBI, Kenya, Dec 9 — The Kenya National Commission on Human Rights (KNCHR) has called on the government to fast-track the Intersex Persons Bill, 2024, and implement comprehensive legal, medical, and administrative reforms to address persistent human rights violations affecting intersex persons in Kenya.
In its State of Human Rights Report (Dec 2024 – Dec 2025), the Commission noted that the bill, currently under review at the Office of the Attorney General and the Department of Justice, would provide long-overdue legal recognition and self-determination for intersex persons.
KNCHR highlighted that despite the 2019 Census identifying 1,524 intersex persons, many continue to face widespread discrimination and exclusion in education, healthcare, employment, justice systems, and social services.
The Commission emphasized that documentation challenges start at birth.
Delays in updating birth notification forms under the Children’s Act, 2022, and Legal Notice No. 153 of 2023, which introduced an “I” sex marker, have led to inconsistent records across birth certificates, IDs, and academic documents, exposing intersex persons to arrest, discrimination, and denial of services.
“These inconsistencies result in conflicting records across birth certificates, IDs, and academic documents, exposing intersex persons to arrest, discrimination, and denial of services,” KNCHR noted.
Stigma impedes access to education
Education access remains limited due to stigma, low awareness among educators, and restrictive registration systems such as NEMIS, KNEC, TVET, and university processes that fail to accommodate intersex identities.
These barriers lead to delayed admissions, dropouts, and restricted opportunities for intersex learners.
Employment discrimination is also pronounced, with many intersex persons unable to secure jobs due to mismatched identity documents and societal prejudice.
In the justice sector, KNCHR reported barriers including arbitrary arrests, invasive searches, and discrimination in family and succession matters, compounded by low institutional awareness among public servants and frontline officers.
Healthcare challenges remain widespread. Intersex persons face limited access to specialized and affirming medical care, stigma within medical settings, lack of awareness among medical professionals, inadequate testing equipment, and unnecessary “normalizing” surgeries.
The Commission called for national medical guidelines to safeguard bodily integrity and ensure respectful, evidence-based care tailored to intersex needs.
KNCHR also urged the government develop comprehensive medical guidelines under the Ministry of Health, expand access to inclusive healthcare, and strengthen access to justice and policy participation.
The Commission further called for the promotion of public awareness campaigns to reduce stigma and foster understanding.
While Kenya has made progress in recognizing intersex persons in law, KNCHR stressed that lack of full legal recognition, clear medical protocols, accurate documentation systems, and sector-wide awareness continues to undermine the dignity, safety, and equal participation of intersex persons in society.
The Commission called on all government institutions to act urgently to align policies and practices with the Constitution and Kenya’s regional and international human rights obligations.
