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Kenya - August 2025

Kenya court issues landmark ruling on transgender rights

On 12 August, the Eldoret High Court ruled that the 2019 arrest and detention of a transgender woman—named S.C.—violated her constitutional rights. The court awarded S.C. KES 1 million (approximately USD 7,700) in damages and ordered the government to draft a Transgender Protection Rights Bill or amend existing laws (Intersex Persons Bill 2024) to safeguard transgender persons. S.C. had been charged with personation—accused of presenting as someone she is not—and subjected to non-consensual searches and medical exams to ‘determine her gender.’ The court found this violated her rights to dignity, privacy, equality, and freedom from degrading treatment. Legal experts say the ruling sets a key precedent, marking the first time a Kenyan court has directed the state to legislate transgender protections. Human rights groups welcomed the decision as a vital step toward legal recognition and protection for transgender people.

Sources: High Court of Kenya at Eldoret, Kenya Human Rights Commission, Daily Nation, National Council for Law Reporting (Kenya Law), Jinsiangu Kenya, Mamba Online

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