A bill to recognize intersex as a third gender on official documents issued by the government has been drafted.
The public should engage with it and scrutinize it ahead of it being taken to the National Assembly for debates in September.
This bill was drafted by Kenya National Commission on Human Rights (KNCHR) amid the group fighting for representation. Many people who belong to the intersex community have been stigmatised and ostracised by people for the longest time. This Bill comes at a time when they are fighting for their rights, recognition and an end to stigmatization.
An intersex child shall be entitled at birth and issued a birth certificate stating that they are intersex. Registration shall include the name and date of birth of the child, the name and birth date of the parents and the sex of the child as either male, female or intersex.
In addition to this, the bill proposes that at the point of surgery requirement, the person may write to the registrar to change their sex marker. The intersex person can either change from an intersex person to either male or female, from male to intersex or from female to intersex. It also states that the government will take all needed steps to ensure that fundamental human rights are enjoyed by intersex people. Moreover, the government will ensure that the level of stigma that intersex people face reduces.
Failure to recognize intersex and harm them
This Bill proposes a fine of Ksh 100,000 or 6 months imprisonment for anyone who inflicts harm on an intersexual person. To add to that, anyone who aids, abets, permits or encourages this harmful practice will be liable for a fine or a prison sentence.
Subscribe to our Youtube channel Switch TV
Mr Wamalwa who is championing the bill was born intersexual. He later went through the surgery to change his gender to his more dominant sex which was male. According to the census carried out in 2010, which is the first census to recognize intersex people, found out that a total of 1524 people were born intersex.
“This treatment cost me Ksh 57 million and a regular two injections every month just to maintain my dominant sex. This injection is what helped me grow this beard you see,” Wamalwa said.
He was speaking at a forum in Vihiga County organized by KNCHR to sensitize people on the bill and to get their views and opinions. He mentions that many people who were born intersex shied away from expressing their opinion much less supporting the bill.
Read Also: African Female Athletes with Naturally High Testosterone Levels
