A Landmark Victory: Kenya’s Court Backs Transgender People’s Rights

The Background: Trans Rights Under Pressure in Kenya

Transgender People all over the world face discrimination, violence and harassment daily, just as they do in Kenya. The existing laws and institutions in the Republic are based on the view of the “binary gender dichotomy”[1],  which leads to prejudice and violence against trans individuals and their inherent rights. Until now, there is no allowance to change one’s gender identity. Not only that, LGBTQ+ rights are still under pressure in Kenya. Same sex intimacy is a crime under Sections 162 and 165 under the Kenyan Penal Code, a statute from the colonial era, that talks of “gross indecency” regarding the intercourse between two males and punishes with up to 5 years of imprisonment.[2] In May 2019, the High Court of Kenya refused to declare these two sections as unconstitutional.[3] But in August 2025, the High Court of Eldoret in Kenya ruled a historical case in favour of LGBTQ+ rights, especially in favour of trans people’s rights.

The Case: A Trans Woman’s Fight for Justice

The plaintiff, a trans woman in the following named SC, asserted that her rights were violated while she was in custody. She was detained in 2019 and charged with “impersonation” in Eldoret. SC was assigned male at  birth but lived her life as a female since childhood, supported by her father, who called her “Cheptanyu”, which is Kalenjin for “my daughter”.[4] She had official documents, her birth certificate and passport with a female sex mark on it. SC lived in another country and competed in women’s athletics.[5] While in custody, she had to face intrusive body searches and non-consensual medical examinations to find out her gender, which also included genital examination and hormone testing.[6] After that, she was taken to the males’ holding facilities at the Eldoret Police Station, where she was traumatised and humiliated after a police officer informed the other inmates about her sex.[7] SC claimed that these actions were unconstitutional, violated her dignity and showed a gap in the legislation regarding the treatment of trans people in custody.[8] With the support of Transgender Education and Advocacy (TEA), an international human rights organisation, she sued the Kenya Prisons Service and the hospital where the medical examinations took place.

The Court Ruling: A Turning Point in Kenya’s Legal History

The decision of the High Court of Eldoret came on August 12, 2025, ruling in SC’s favour. Besides national law, international law was taken into consideration, like the Universal Declaration of Human Rights (UDHR) and the African Charter on Human and People’s Rights.[9] The Court ruled that the Kenya Prisons Service and the hospital violated the plaintiff’s constitutional rights, especially Article 27 (1), which establishes the right to equality and freedom from discrimination.[10] The treatment by the government authorities was inhuman and degrading, and SC’s rights to dignity and privacy had been violated. The plaintiff was entitled to approximately $ 7,700 in damage fees. However, the decision has far-reaching consequences beyond just a positive outcome for SC. Justice Reuben Nyakundi stated that trans people should have the right to determine their self-identified gender.[11] He gave the Kenyan government two options: Either they have to pass a Transgender Protection Rights Act, or they must amend an Intersex Person Bill, which also ensures legal recognition to trans people.[12] Transgender, intersex and LGBTQ+ individuals should enjoy their rights. “Gender identity refers to each person’s deeply felt internal and individual experiences which may or may not correspond with the sex assigned at birth, including a personal sense of one’s body and other expressions of gender, just as the dress code, speech and mannerism”[13], stated Justice R. Nyakundi in the decision. The Court Ruling is a Landmark Victory for not only Transgender People, but for all individuals of the LGBTQ+ community.

Beyond the Verdict: Legislation and Action to Follow

The Court addressed specific violations which sets a new standard for the rights of trans people in Kenya. The Government of Kenya must table a bill addressing trans people’s rights. Necessary steps should be taken now to protect trans individuals and to recognise them in the law. Lolyne Ongeri, member of Jinsiangu, a Kenyan Intersex, Trans and Gender-Non-Conforming Rights Group, stated that this was the “first time a Kenyan court has explicitly ordered the State to create legislation on transgender rights, and a first on the African continent”[14]. After years of trans people suffering in police stations, prisons, hospitals, schools or workplaces, this ruling is more than symbolic.[15] It shows that trans people exist, no matter how much society resists. The new law can change years of legal invisibility and discrimination against them: it can provide them with legal recognition and protection against discrimination and harassment. It is a big win for SC and for all transgender people in Kenya. Only the future will tell which action the parliament will be taking, especially because progress in Kenya regarding LGBTQ+ rights has been uneven.[16] Equality must be a reality for every person, including trans people. Law and recognition matter; it shifts how it is dealt with LGBTQ+ people. But legal recognition is not enough, actions must follow.

[1] Wamaitha, N; Kirimi, E & Owuor, M., “An Examination Of Legal Recognition Perspective On The Wellbeing Of Transgender Persons In Nairobi County, Kenya,“ (2023), Journal of Popular Education in Africa. 7(10), 57 –73 (61).

[2] Kelin Kenya, “Justice Denied: No To #Repeal162”, <https://www.kelinkenya.org/wp-content/uploads/2019/06/Justice-Denied-No-to-Repeal-162.pdf> accessed 29 September 2025.

[3] Andrew M Potts, “Kenya transgender rights victory hailed as African first” (26 August 2025), <https://qnews.com.au/kenya-transgender-rights-victory-hailed-as-african-first/> accessed 29 September 2025; Constitutional Petition No E015 of 2019 (High Court of Kenya, Eldoret, Constitutional & Human Rights Division, Nyakundi J, Judgment 12 August 2025) (3) <https://khrc.or.ke/wp-content/uploads/2025/08/Eldoret-HCCPET-E015-of-2019-Shieys-Chepkosgei-v-_250814_093705.pdf> accessed 1 October 2025.

[4] Andrew M Potts, “Kenya transgender rights victory hailed as African first” (26 August 2025), <https://qnews.com.au/kenya-transgender-rights-victory-hailed-as-african-first/> accessed 29 September 2025; Constitutional Petition No E015 of 2019 (High Court of Kenya, Eldoret, Constitutional & Human Rights Division, Nyakundi J, Judgment 12 August 2025) (3) <https://khrc.or.ke/wp-content/uploads/2025/08/Eldoret-HCCPET-E015-of-2019-Shieys-Chepkosgei-v-_250814_093705.pdf> accessed 1 October 2025.

[5] Greg Owen, “Transgender people in Kenya just won a major court victory” (26 August 2025), <https://www.lgbtqnation.com/2025/08/transgender-people-in-kenya-just-won-a-major-court-victory/> accessed 29 September 2025.

[6] Andrew M Potts, “Kenya transgender rights victory hailed as African first” (26 August 2025), <https://qnews.com.au/kenya-transgender-rights-victory-hailed-as-african-first/> accessed 29 September 2025.

[7] Constitutional Petition No E015 of 2019 (High Court of Kenya, Eldoret, Constitutional & Human Rights Division, Nyakundi J, Judgment 12 August 2025) (11) <https://khrc.or.ke/wp-content/uploads/2025/08/Eldoret-HCCPET-E015-of-2019-Shieys-Chepkosgei-v-_250814_093705.pdf> accessed 1 October 2025.

[8] Luiz de Barros, “Kenya: Court Orders Transgender Rights Bill After Historic Ruling” (21 August 2025), <https://www.mambaonline.com/2025/08/21/kenya-court-orders-transgender-rights-bill-after-historic-ruling/> accessed 29 September 2025.

[9] Constitutional Petition No E015 of 2019 (High Court of Kenya, Eldoret, Constitutional & Human Rights Division, Nyakundi J, Judgment 12 August 2025) (178) <https://khrc.or.ke/wp-content/uploads/2025/08/Eldoret-HCCPET-E015-of-2019-Shieys-Chepkosgei-v-_250814_093705.pdf> accessed 1 October 2025.

[10] The Constitution of Kenya 2010, 27 (1).

[11] KHRC, “High Court affirms legal recognition of transgender Kenyans, directs state action to protect their rights” (24 August 2025), <https://khrc.or.ke/press-release/high-court-affirms-legal-recognition-of-transgender-kenyans-directs-state-action-to-protect-their-rights/> accessed 29 September 2025.

[12] KHRC, “High Court affirms legal recognition of transgender Kenyans, directs state action to protect their rights” (24 August 2025), <https://khrc.or.ke/press-release/high-court-affirms-legal-recognition-of-transgender-kenyans-directs-state-action-to-protect-their-rights/> accessed 29 September 2025; Rene Otinga, “High Court Affirms Transgender Identity, Directs Govt to Enact Protection Act” (24 August 2025), <https://www.kenyans.co.ke/news/115569-high-court-affirms-transgender-identity-directs-govt-enact-protection-act> accessed 29 September 2025.

[13] Constitutional Petition No E015 of 2019 (High Court of Kenya, Eldoret, Constitutional & Human Rights Division, Nyakundi J, Judgment 12 August 2025) (180) <https://khrc.or.ke/wp-content/uploads/2025/08/Eldoret-HCCPET-E015-of-2019-Shieys-Chepkosgei-v-_250814_093705.pdf> accessed 1 October 2025.

[14] Luiz de Barros, “Kenya: Court Orders Transgender Rights Bill After Historic Ruling” (21 August 2025), <https://www.mambaonline.com/2025/08/21/kenya-court-orders-transgender-rights-bill-after-historic-ruling/> accessed 29 September 2025.

[15] Gaye Magazine, “Kenyan Judge Orders Government To Legally Recognize Transgender People in Landmark Ruling” (6 September 2025), <https://www.gayemagazine.com/kenyan-judge-orders-government-to-legally-recognize-transgender-people-in-landmark-ruling/> accessed 29 September 2025.

[16] Gaye Magazine, “Kenyan Judge Orders Government To Legally Recognize Transgender People in Landmark Ruling” (6 September 2025), <https://www.gayemagazine.com/kenyan-judge-orders-government-to-legally-recognize-transgender-people-in-landmark-ruling/> accessed 29 September 2025.