ACTIVISTS for and against gay unions have joined a case filed by an intersex convict seeking the legalisation of a third gender in Kenya.

The Kenya Christian Lawyers Fellowship is opposing the plea while the Gays and Lesbians Trust is for the case.

In the case, Richard 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 recognises only two sexes — male and female — which he believes is unfair and discriminatory. …

Editorial comment:

THE issue is not that intersex is or should be a third sex. The issue is sex discrimination.

Two sex categories cause intersex troubles enough. The creation of further sex categories, where only people with certain physical characteristics are deposited, simply marks us out as different in the same way as physical attributes were used to mark out race under apartheid.

Intersex is physical differences of anatomy and no more than that. The reaction to our differences is largely homophobic and that should be tackled directly for what it is.

Lawyer John Chigiti is OII representative in Kenya.

Daily Nation: Groups drawn to intersex convict’s case