In what has been described as a landmark victory for LGBTQI+ rights in Kenya, a court has ruled that a transgender woman’s rights were violated while she was in custody.
The woman, Shieys Chepkosgei, was detained in 2019 and charged with “impersonation” in the city of Eldoret.
While in custody, she was subjected to intrusive body searches and non-consensual medical examinations at Eldoret Women’s Prison and the Moi Teaching and Referral Hospital (MTRH) to “determine her gender.”
With the support of Transgender Education and Advocacy (TEA), Chepkosgei challenged these actions in court, arguing that they were unconstitutional, violated her inherent dignity, and highlighted a legislative gap in the treatment of transgender persons in custody.
Court Ruling
The Eldoret High Court ruled in Chepkosgei’s favour, finding that the Kenya Prisons Service and MTRH had contravened her constitutional rights.
According to Jinsiangu, a Kenyan intersex, transgender, and gender non-conforming (ITGNC) rights group, the court recognised Chepkosgei’s right to self-identity and gender, declaring her “notably recognised as a transgender individual” to ensure her rights are guaranteed.
A Historic Step: Call for Legislation
In a groundbreaking move, the court went beyond addressing the specific violations experienced by the petitioner.
Justice R. Nyakundi directed the Government of Kenya to initiate and table a bill addressing the rights of transgender persons, with Parliament instructed to take the necessary steps to enact protections and recognition in law.
The judge also awarded Chepkosgei 1,000,000 Kenyan Shillings (approximately R137,000 / USD 7,700) in general damages.
“This is the first time a Kenyan court has explicitly ordered the State to create legislation on transgender rights, and a first on the African continent,” said Jinsiangu’s Lolyne Ongeri.
“If implemented, it could address decades of legal invisibility and discrimination faced by transgender persons by establishing clear legal recognition of gender identity, protections against discrimination in employment, housing, healthcare, and education, and access to public services without bias or harassment.”
Ongeri added: “Going forward, Jinsiangu will closely monitor the State’s next steps, as it is now obligated to draft and table a Transgender Rights Bill in Parliament. We commit to working hand-in-hand with lawmakers, civil society, and the public to ensure the legislation is inclusive, evidence-based, and enforceable.”
Trans Rights in Context
Transgender people in Kenya continue to face widespread stigma, discrimination, and violence. Current laws do not allow individuals to legally change their gender identity.
Same-sex intimacy also remains criminalised under colonial-era statutes, with “carnal knowledge against the order of nature” and “gross indecency” punishable by up to 14 years in prison.
