A new bill proposed by the Kenya National Commission on Human Rights will see learning institutions introduce uniforms, washing, and accommodation facilities that are gender-neutral.
The Intersex Persons Bill of 2023 seeks to provide for the recognition, protection, and safeguarding of intersex persons’ rights in Kenya.
If adopted, learning institutions will be obligated to admit intersex persons to any course or study and introduce gender-neutral practices in a bid to foster inclusion.
“The Cabinet Secretary responsible for education shall ensure that intersex learners get the provision of private and sanitary toilets, washing facilities, accommodation facilities and uniforms that are neutral or, if designated by sex, by allowing the intersex learners to use the facility and uniform that accords the learner's self-recognised sex,” the bill reads.
Under the bill, the Cabinet Secretary will also ensure that educational institutions take into account the needs of intersex persons when drafting entry requirements, pass marks and curriculum examinations.
The learners will be allowed to choose learning and sporting activities per their self-recognised sex.
This isn’t the first time a bill that seeks to recognise intersex persons has been proposed.
In 2019, former nominator senator Isaac Mwaura sponsored a bill that would have allowed for the recognition of Intersex persons who choose to undergo surgery and change their gender identity.
The draft law was seeking to amend Section 9 of the Registration of Persons Act, 2012.
At the time, human rights activist Jedidah Waruhiu termed the move as a bold step in attempting to implement the recommendations based on the findings of the 2018 Taskforce on Legal, Policy, Institutional and Administrative Reforms regarding Intersex Persons.
She said being intersex is not an abnormality rather ‘it’s just the third sex marker.’
In 2021 then National Assembly Majority Leader Amos Kimunya proposed a similar Bill.
The bill titled, The Children Bill, 2021, was set to repeal the Children Act, 2001 and align the legal framework that governs children's issues with the Constitution.
