Kenya’s Constitutional Court urged to create new law for ‘third gender’ convicts

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IN what is a land mark application in a Kenya court, an inter-sex death row convict has urged a Constitutional Court to create a law that will accommodate his gender.

Through his lawyer John Chingiti, Richard Muasya yesterday urged judges Hannah Okengu, George Dulu and Ruth Sitati to enact a law that will embrace hermaphrodites.

Chingiti said the court has jurisdiction to deal with the issue raised by his client arguing that he cannot be said to be enjoying legal recognition.

He submitted that the law as it is, discriminates people of his gender especially when one is applying for documents such as birth certificates, an Identity card and a passport.

“This are vital documents and the petitioner is unable to achieve them because he is an intersex ,” he argued.

Chingiti argued that since his clients condition is a divine event, the court should not sit and watch as he and others who have similar status being subjected to a lot of humiliation, torture, fear and mockery from people who do it deliberately or out of ignorance.

“We should protect the petitioner and the likes of the petitioner by recognizing them legally,” he added.

The advocate further argued that the government ought to train people to specifically deal with this kind of people in hospitals, schools, police stations and other public places.

In his suit papers, Muasya, who was born with both male and female genital organs, but goes about as a man, has sued the government, saying that the laws of the land discriminate against him and others like him.

The robbery convict, says the law recognizes only two sexes male and female which he believes is unfair and discriminatory. Constitutional Court urged to create new law for ‘third gender’ convicts