Republished from an article by Judy Ogutu:
AN intersex convict will have to wait until November when he is likely to know his fate in a case he has lodged seeking for legal recognition.
A Constitutional court said on Wednesday it will on November 9, deliver its verdict on the suit filed by Mr Richard Muasya.
Justices Hannah Okwengu, Ruth Sitati and George Dulu had indicated they would deliver the judgement on Wednesday, but said they were unable to and apologised to the parties.
Muasya’s case kicked off in July when he told the court he suffers discrimination as well as degrading and inhuman treatment.
Through his advocate John Chigiti, he argued he had been discriminated against by being held in a prison for men, yet he is neither male nor female.
Muasya, who is a death row convict, was born with both male and female sex organs but goes about his life as a man.
The convict, who was sentenced to hang for violent robbery, is also seeking to be freed from Kamiti Maximum Prison on grounds of his gender.
Muasya told the judges he does not have a birth certificate due to his condition.
“In Kenya, people are recognised by way of getting birth certificate. Every person must give prescribed particulars such as name, sex, date, and place of birth.
Sex is very categorical, it says male and female. The petitioner can’t fit there. He falls in between,” argued the advocate.
The judges were also asked to uphold the rights of an intersex by giving him legal recognition.
Cradle Foundation has said the third gender should be introduced in law books to deal with those with double sex.
On its part, Kenya Human Rights Commission and the Gay and Lesbian Trust said Kenya being signatory to most international treaties that outlaw discrimination based on creed, sex and race should recognise the intersex.
Kenya Christian Lawyers Fellowship, the Attorney General, the Commissioner of Prisons and the Registrar of Births and Deaths opposed the application… saying introduction of an indeterminate “third gender” was likely to open floodgates for homosexuality and lesbianism.