The Kenyan High Court has reaffirmed the legal recognition of transgender persons and directed the State to take deliberate measures to safeguard their rights. The judgment marks a controversy that has been looming as well as a step forward in the fight for equality and non-discrimination in the country.
The case was brought before the court by transgender petitioners who argued that the government had failed to fully recognize their gender identity, denying them access to essential rights such as proper identification documents, healthcare, and protection from discrimination.
The court ruled that every Kenyan, regardless of gender identity, is entitled to the constitutional guarantees of equality, dignity, and freedom from discrimination.
It further directed the relevant government agencies including the Registrar of Persons and health institutions to put in place systems that recognize and protect the rights of transgender citizens.
“The Constitution does not permit selective application of rights. Transgender Kenyans are entitled to the same recognition, dignity, and legal protection as every other citizen,” the judges stated in their ruling.
Rights groups and civil society organizations have welcomed the decision, calling it a milestone in Kenya’s human rights landscape. They urged the government to move swiftly to implement the court’s directives, particularly in reforming identity card registration processes and ensuring non-discrimination in access to services.
The Attorney General’s office has yet to issue a formal response, but legal experts note that the judgment now creates binding precedent, compelling the State to respect and protect the rights of transgender persons.
This ruling comes at a time when debates around LGBTQ+ rights remain highly polarized in Kenya. Advocates argue that the decision not only affirms the humanity of transgender people but also strengthens the constitutional framework for protecting marginalized groups.
