MTRH Penalized as High Court in Eldoret Recognizes Rights of Transgender Athlete
The judgment awarded Sh600,000 in damages for constitutional violations committed by the police, prisons, and MTRH, and Sh400,000 against MTRH for breach of privacy rights under Article 31.
Justice Reuben Nyakundi delivers the verdict at the Eldoret High Court, sentencing Jackton Odhiambo to 50 years in prison.
The High Court in Eldoret has delivered a landmark judgment affirming the rights of transgender individuals in Kenya, while ordering the Moi Teaching and Referral Hospital (MTRH), police, and prisons service to pay a combined Sh1 million in damages to a former international athlete whose gender identity rights were violated.
Justice Reuben Nyakundi ruled that the petitioner — referred to as “C.K.” to protect her identity — should be legally recognized as a transgender woman, marking a significant precedent in the country’s human rights jurisprudence. The ruling follows a seven-year legal battle that began when C.K. accused state agencies and MTRH of violating her constitutional rights.
“The petitioner convinced the court that her right to self-identity and gender had been abused,” Justice Nyakundi said in his judgment. “I recommend the enactment of a Transgender Protection Rights Act as a potential mechanism to ensure equal protection and recognition for transgender persons.”
Recognition and Reform
The court directed the State to grant legal recognition of gender identity within the framework of Kenya’s legal system and urged Parliament to expedite legislation to protect transgender rights. Justice Nyakundi also called on the government to urgently provide appropriate facilities in police stations and prisons to accommodate what he termed the “third gender,” ensuring safety and dignity for transgender persons in custody.
“The Constitution prohibits discrimination on any grounds,” the judge said. “It is time our legal and institutional frameworks reflected that inclusivity.”
The court further challenged the Prisons Department to explore amending Part VI of the Prisons Act to prevent violations of transgender persons’ constitutional rights.
The Petitioner’s Story
Court documents reveal that C.K., born December 28, 1990 in Moiben, Uasin Gishu County, lost her mother at the age of two and was raised by two older sisters and an uncle, who recognized her as male and named her Hilary Kiprotich.
At the age of five, she began identifying as female but was forced to live a double life — dressing as a boy at school and a girl at home. Her difficulties escalated when she sought work as a housemaid after dropping out of school due to financial hardship.
While applying for the job, C.K. was arrested by police in Eldoret and placed in a male cell, where she was sexually assaulted by two inmates. This incident, coupled with years of public misunderstanding and mistreatment by officials, led her to seek constitutional protection.
Her lawyers argued that being transgender is not a lifestyle choice but a condition linked to brain development, and that the petitioner’s case underscored the urgent need for legal safeguards for sexual and gender minorities in Kenya.
In the ruling, Justice Nyakundi found that MTRH, the police, and prisons had breached multiple constitutional rights, including those under Articles 25, 27, 28, 29, and 31 of the Constitution.
The judgment awarded Sh600,000 in damages for constitutional violations committed by the police, prisons, and MTRH, and Sh400,000 against MTRH for breach of privacy rights under Article 31.
“This decision is not just about one person’s victory,” C.K.’s lawyer said outside the courtroom. “It is about opening the door for every transgender Kenyan to be recognized, respected, and protected under the law.”
The court also highlighted the Intersex Persons Bill, 2024 as a potential legislative tool to advance protections for gender minorities, urging lawmakers to expand its scope to explicitly include transgender persons.
Human rights groups have hailed the judgment as a watershed moment for Kenya’s LGBTQ+ rights movement. Advocacy organizations, however, caution that legal recognition must be matched with policy changes and public awareness to reduce stigma and discrimination.
“This ruling is a beacon of hope,” said a Mombasa-based LGBTQ+ rights advocate. “But unless the State implements it in spirit and in practice, transgender Kenyans will continue to live in fear.”
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