Transgender Kenyans’ fight for birth certificates that align with their gender identity is now at a critical juncture. Despite several legal victories, Attorney General Dorcus Oduor is challenging a case filed by three trans individuals, asking the High Court to dismiss their petition. Oduor argues that people are born either “a boy or a girl.” The current laws do not permit changing one’s sex in adulthood. In her written submission to Justice Bahati Mwamuye, Oduor contends that gender identity and birth certificates are based on physical appearance, excluding intersex people.
The three plaintiffs, Audrey Mbugua, Maurene Muia, and Arnest Thaiya, argue that discrepancies in their birth certificates, ID cards, and passports have hindered their access to opportunities and rights. They assert that gender identity is not determined solely by physical appearance but involves a complex interplay of chromosomes, gonads, hormones, and the brain.
Mbugua, a leading trans activist, has been fighting for transgender rights for over a decade. Her landmark legal victories include a 2014 ruling that required the Kenya National Examinations Council to change her academic certificates to reflect her gender identity. Advocacy groups like Amka Africa Justice and the Kenya Human Rights Commission have joined the case, supporting the plaintiffs’ fight for the right to live authentically.
