In a significant development for transgender rights in Kenya, the High Court has ruled that the government must reasonably consider applications to amend sex or gender markers on official identity documents.
In a judgment handed down on Wednesday, Justice Bahati Mwamuye found that existing registration laws do not prohibit transgender people from applying to change the gender markers on their identity documents.
The judgment arose from a 2020 petition filed by Kenyan transgender rights activist Audrey Mbugua and two others.
“The Births and Deaths Registration Act Chapter 149 and the Registration of Persons Act Chapter 107, when interpreted in a manner consistent with the Constitution, do not expressly prohibit the consideration and determination of applications for alteration of sex or gender markers,” Mwamuye found, reported The Star.
Court Rejects Blanket Refusal of Gender Marker Changes
The court ruled that refusing to consider such applications altogether violates constitutional rights and that authorities cannot automatically reject them.
Instead, officials must assess applications on a case-by-case basis in a reasonable and non-discriminatory manner.
The Kenya Human Rights Commission (KHRC) welcomed the ruling in a statement, describing it as “an important step forward for the rights, dignity, equality, privacy, and recognition of transgender persons in Kenya.”
The organisation said the court had reaffirmed that public institutions must exercise their powers lawfully, reasonably, fairly and in line with the Constitution and Bill of Rights.
“For many transgender persons, identity documents that do not reflect their lived realities create daily barriers to accessing healthcare, education, employment, housing, travel, financial services, and many more challenges. This judgment acknowledges those lived realities and affirms that constitutional protections apply equally to all persons without discrimination,” said KHRC.
Earlier Kenyan Court Victory for Transgender Woman
In 2025, the High Court in the Kenyan city of Eldoret also affirmed the rights of a transgender woman, Shieys Chepkosgei, who authorities detained in 2019 and charged with “impersonation”.
The court additionally directed the Government of Kenya to initiate and table legislation addressing the rights of transgender people. Parliament was instructed to take the necessary steps to enact legal protections and recognition for transgender individuals.
Same-Sex Relations Still Criminalised in Kenya
Despite these legal victories, Kenya continues to criminalise same-sex intimacy under colonial-era laws.
Under these provisions, consensual same-sex acts can carry penalties of up to 14 years in prison.
A 2019 study found that LGBT+ discrimination is costing the country $181 million to $1.3 billion (Sh18.5 billion and Sh130 billion) per year, or 0.2% to 1.7% of Kenya’s annual Gross Domestic Product (GDP).
