By Brian Kiprono - Reporter
Kenya, 10 December 2025 - The Kenya National Commission on Human Rights (KNCHR) has warned that intersex persons in Kenya continue to live on the margins of society due to outdated laws, inconsistent documentation systems and widespread stigma, despite recent gains in recognition.
In its latest State of Human Rights Report released on Tuesday, the Commission calls for urgent legal and medical reforms, including the fast-tracking of the Intersex Persons Bill, 2024, which it says would finally give intersex people the legal visibility and protection they have long been denied.
Although the 2019 Census identified 1,524 intersex persons, KNCHR notes that the true number is likely higher and, more importantly, that many continue to navigate daily life with documents that do not match their identity.
These inconsistencies—beginning at birth due to delays in adopting updated birth notification forms that include an “I” sex marker—create a domino effect throughout a person’s life, often leading to arrest, denial of essential services, and social exclusion.
“Conflicting records across birth certificates, IDs and academic documents leave intersex persons vulnerable to discrimination and even criminalisation,” the report states.
Stigma Shutting Intersex Learners Out of Classrooms
The Commission paints a stark picture of intersex children and young people being shut out of education due to stigma, institutional ignorance and digital platforms that do not accommodate diverse identities. Systems such as NEMIS, KNEC, TVET and university registration platforms fail to recognise intersex categories, resulting in delayed admissions, school dropouts and limited access to scholarships or examinations. Educators, too, often lack training or awareness, making classrooms unwelcoming spaces.
“Many intersex learners simply disappear from school systems because the structures were never designed with them in mind,” KNCHR observes in its report.
Daily Barriers in Health Care and Justice
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The Commission also highlights troubling patterns in the health sector, where stigma and limited medical knowledge continue to hinder intersex persons from receiving dignified, evidence-based care. Many face unnecessary or non-consensual “normalising” surgeries, inadequate diagnostic equipment and a lack of specialised support—all of which compromise their bodily autonomy and long-term wellbeing.
In the justice system, intersex persons confront arbitrary arrests, invasive body searches and discrimination in family and succession matters. KNCHR attributes this to poor awareness among police, administrators and judicial officers, who often rely strictly on binary gender markers when making decisions.
A Call for Laws, Guidelines and Dignity
The State of Human Rights Report describes the Intersex Persons Bill, 2024—currently before the Office of the Attorney General—as a critical step towards legal recognition and self-determination.
The Commission also urges the Ministry of Health to develop national medical guidelines to safeguard bodily integrity, provide respectful care, and prevent harmful medical interventions. Public education campaigns, stronger access to justice, and meaningful inclusion of intersex voices in policy-making are also among the top recommendations.
While Kenya has made initial progress—such as recognising intersex children through the Children’s Act, 2022—the Commission cautions that real inclusion remains far off.
“Lack of clear medical protocols, inconsistent documentation and limited institutional awareness continue to undermine the dignity, safety and equal participation of intersex persons,” the report warns.
KNCHR now wants all State agencies to act swiftly to align Kenya’s policies with constitutional guarantees and regional human rights commitments, saying meaningful reform is long overdue for a community that has lived too long in the shadows.
