In the Interest of Intersex Persons
The Richard Muasya Constitution Petition
In Kenya, people born with both male and female genitalia otherwise known as intersex have often faced untold discrimination in the hands of birth registration, judicial, police, prisons systems and other social setups. The consequent stigmatization as a result of this gender conflict forces them to live a life of hiding both from self and a hostile social system. Their families are not spared the gory stigmatization either and as a result sometime seek surgical correction of the gender conflict and leave it at the mercy of the medical practitioners to assign the individuals either male or female sex.
Richard Muasya, an intersex petitioner, has suffered shame and inhumane treatment throughout his life.
Being treated like a lesser being may have led to him fight back the system by engaging in crime as well
as for the purpose of survival having lost opportunities to lead a normal life. The petitioner’s subsequent
arrest and detention in a police station for two years as he awaited his trial has further violated his constitutional rights. His detention therein was degrading treatment which flies in face of judicial system
in a country which is a signatory to various human rights conventions. Convicted and sentenced to death,
the petitioner is currently incarcerated at Kamiti which is a male incarceration institution regardless of his female genitalia. This amounts to a constant violation of the constitutional rights of the petitioner.
The Kenya Human Rights Commission (KHRC) continues to monitor and respond to discriminative practices and violations against minorities including sexual minorities such as intersex persons. KHRC is articulating for diversities in society and in response to this, took up the case to pursue Richards’s case in public interest. The case is up for mention on 11th February 2010. KHRC is therefore urging the media to attend this constitutional petition in order to highlight the emerging issues and be in a position to educate the public. The outcome of this case may set a precedent for similar situations.
KHRC, additionally, is working on the creation of a national medical policy for the management of gender identity disorders and disorders of sex development. Intersex Kenyans like other sexual orientation minorities face a plethora of challenges whenever they seek medical services. Medical-legal issues are an integral part of their gender reassignment therapies but no medical-legal framework exists to cater to this need. Moreover, other social systems such as education and social amenities, to mention a few, do not cater for the intersex persons further exposing them to violation of their constitutional rights. KHRC therefore urges concerted efforts by the media to continue following this case.
