Kenya’s High Court has ruled that the government cannot refuse requests to amend gender markers on birth certificates and other identification documents, marking a significant victory for transgender and intersex rights in the country. The case was brought in 2020 by transgender activist Audrey Mbugua (m̩-boo-GWAH) and two other plaintiffs, who sued Attorney General Dorcas Oduor, the Registrar of Births and Deaths, the National Registration Bureau, and Immigration Services Director General Evelyn Cheluget for failing to issue amended birth certificates.
Government officials, including Attorney General Dorcas Oduor, argued against the lawsuit, saying “a person’s gender is based on fact — not feelings — and the plaintiffs at birth were registered and named based on their gender status.”
However, High Court Justice Bahati Mwamuye (bah-HAH-tee mwah-MOO-yeh ) issued the ruling in favor of the queer community. The court ruled, “Constitutional rights cannot be delayed over administrative convenience.”
Mwamuye ordered the Registrar of Births and Deaths and other government agencies to begin receiving and reviewing applications for gender-marker changes within 60 days. Kenya’s intersex rights law took effect in 2022, and in February 2025, the government announced intersex people could receive birth certificates with an “I” gender marker. Advocacy groups welcomed the new ruling, calling it a major step toward equality, dignity, and legal recognition for transgender and intersex Kenyans.
