In Kenya, intersex is now recognized as a third gender in birth certificates after the inclusion of an “I” gender marker in the birth notification certificates that will be completed after babies are born, thereby guaranteeing their acknowledgement in official documents.
This is not the first pro-intersex move in Kenya.
In 2019, the national census included intersex persons, while the Children’s Act 2022 recognizes intersex children.
The 2019 census recorded 1,524 intersex people in kenya, comprising 0.003% of the country’s population. However, it is estimated by the Kenya National Commission on Human Rights that the actual number may be closer to 1.4 million.
The struggle for intersex people’s human rights in Kenya started in 2009, when a case was filed (by Baby A, through John Chigiti (who is now a High Court judge), to challenge discrimination of intersex people. In this case, Baby alleged that since her gender was marked as “?” by the hospital, the lack of gender marker prevents those like them from getting vital documents, experience work-related discrimination, discrimination in schools, et cetera.
A report was eventually completed, highlighting the issues encountered by intersex people, while also recommending providing trainings on intersex people and their issues, as well as the introduction of a third gender – intersex.
