Intersex recognition law in the pipeline

Isaac Mwaura
Nominated Senator Isaac Mwaura has sponsored the Bill. FILE PHOTO | NMG 

Intersex persons will be recognised under law if MPs adopt a Bill providing for their registration.

The amendments to the Registration of Persons Act seek to include persons born with both male and female reproductive organs.

Intersex individuals in Kenya have sought anonymity due to stigma, making it difficult to establish their exact population.

“The Bill seeks to …make provision for the registration of persons born with both male and female reproductive organs. This will ensure that the registration of such intersex persons reflects their unique gender,” said nominated Senator Isaac Mwaura who has sponsored the Bill.

The term intersex describes a person born with sex characteristics — genitalia, gonads, hormones and chromosomes — that do not match the typical male or typical female body.


There has been a push for Kenya to create laws that recognise intersex as the third gender.

Under the Registration of Persons (Amendment) Bill, an intersex person who medically transforms to either male or female will be required to within six months register the sex change but surrender previous identity card.