The High Court in Nairobi has directed the government to expedite a name change for a teenager from a female to a male name to ensure he is not locked out of registering for the Kenya Primary School Education Assessment (KPSEA) exams.
Delivering the ruling on Monday, September 29, 2025, Justice Chacha Mwita issued interim orders to the Attorney General through the Registrar of Persons to facilitate the amendment of the minor’s birth certificate without delay.
Legal Team’s Submissions
Lawyers Matiko Mang’era and Erick Keli, representing the petitioners, argued that the teenager was assigned a female name at birth but has since developed dominant male attributes. They emphasized that the change is necessary for him to be recognized appropriately in official records and allowed to sit the national exams.
Wider Petition on Intersex Rights
The case is part of a broader petition filed by seven petitioners before the High Court’s Constitutional and Human Rights Division, seeking protection of intersex persons’ rights in Kenya.
The petition highlights:
- Persistent violations of intersex rights, including denial of legal recognition, dignity, privacy, and freedom from discrimination.
- Instances where intersex children have been denied life-saving medical procedures, exposing them to health complications.
- Reports of harassment, profiling, and expulsion of intersex students from schools due to mismatched gender markers and identity documents.
- Cases of intersex adults being arrested, assaulted, or detained for “impersonation” because of inconsistencies between their physical appearance and official documents.
Court’s Directions
The court has instructed the respondents—including the Attorney General, Registrar of Persons, Cabinet Secretaries for Health, Education, and Interior, as well as the Speakers of both Houses of Parliament—to file their responses within 14 days.
The matter is scheduled for mention on November 11, 2025, for further directions.
Significance
This ruling not only safeguards one teenager’s right to education but also adds momentum to the wider push for intersex recognition and protection in Kenya. The outcome of the petition could set a legal precedent for safeguarding the constitutional rights of intersex persons across the country.
