ELDORET, Kenya (LifeSiteNews) — The Kenyan High Court has ruled to enshrine so-called “transgender rights” throughout the African nation.
In a landmark August 12 decision, Justice R. Nyakundi of the Eldoret High Court ordered in favour of a gender-confused man who alleged that his rights were violated while he served a prison sentence in 2019.
The court further ordered the Kenyan government to enact a Transgender Protection Rights Act or amend the existing Intersex Persons Bill to act as “a potential mechanism to ensure equal protection and recognition for transgender persons.”
Kenya is known as a conservative and traditional country, which has rejected the LGBT agenda for decades. Currently, Kenya’s legal system does not allow individuals to change their gender on official documents, and same-sex “marriage” is criminalized. However, this ruling is the first step in enshrining LGBT propaganda in Kenyan law.
The landmark ruling follows a petition by a gender-confused man, referred to as SC, who challenged the violation of his rights while in custody in 2019.
SC, who had lived as though a female since childhood and held documents with female sex markers from another country, was arrested on charges of “impersonation” at Moi Teaching and Referral Hospital.
According to his testimony, during his detention, he endured intrusive body searches, non-consensual medical examinations, and a leaked medical record. The court ruling determined that these violated his constitutional rights to dignity, privacy, and freedom from inhuman treatment.
Nyakundi awarded him 1,000,000 Kenyan Shillings (approximately $7,700) in damages.
While LGBT activists celebrate the move, many are warning that it is just the beginning of an infiltration and undermining of Kenyan values.
In a statement shared with LifeSiteNews, Dr. Wahome Ngare, chairman of the Kenya Catholic Doctor Association outlined the dangers of legally recognizing “transgender” and “intersex” as forms of personhood.
Ngare explained that the term intersex refers to a “developmental disorder of the reproductive system,” which occurs when the child is still in his or her mother’s womb.
In those cases, a child is born with ambiguous genitalia, making it difficult to determine their biological sex at birth due to unclear external genitals or inconclusive genetic markers. This ambiguity may persist until puberty, when secondary sexual characteristics typically reveal the true biological sex.
Often, such children are assigned female at birth, but puberty may reveal they are male, requiring updates to legal documents like birth certificates or IDs. Ngare stressed that this is a medical condition, not a form of personhood.
“In recognition of their human dignity, we refer to someone as a ‘person living with intersex,’ not as an ‘intersex person,’” he explained.
At the same time, Ngare defined transgender as a “condition [which] involves a person rejecting their biological sex.”
‘”Gender identity’ is not a biological fact, we are told it is self-declared and can be different from biolgical sex, which is a fact,” he stated. “Further, sex is not ‘assigned at birth,’ because a midwife does not arbitrarily register sex at birth; they use the basic scientific method of observation and record the reality that they see.”
“Transgenderism is, therefore, a delusional psychological condition – often associated with early childhood trauma – and characterized by a disconnect from biological reality,” Ngare continued.
Ngare advocated for accommodations for persons living with intersex, who he argued should be recognized as having a disability.
“Their needs should be addressed under the Disability Act,” Ngare continued. “This would, for example, allow them to be held in separate rooms while in police custody or prison.”
“However, we must firmly reject the conflation of intersex and transgender. We must therefore also reject the use of the term ‘transgender’ or ‘third sex’ within our legal system,” he declared.
