Richard Muasya’s case was essentially rejected on two grounds, that there are almost no intersex people in Kenya and that starting to grant intersex people rights by the mechanism of recognizing a third sex would open the floodgates to homosexuality, which is illegal in Kenya.

YouTube.com: Kenyan lawyer defends rights of intersexuals [sic]:

Editorial comment:

OII does not support the concept of a third sex, however we strongly support John Chigiti’s efforts on behalf of intersex Kenyans in seeking equality, human rights and protection against discrimination.

TrustLaw: Fighting for intersexuals’ – sic – rights in Kenya