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KHRC welcomes court decision on gender marker changes for transgender persons
20th May, 2026 08:25 PM
The Kenya Human Rights Commission (KHRC) has welcomed a court decision that allows civil registration authorities to consider applications for changes of sex or gender markers, calling it a major step forward for dignity, equality and recognition of transgender persons in Kenya.
The ruling was delivered by Justice Bahati Mwamuye in Petition 27 of 2020, filed by transgender activist Audrey Mbugua and two other petitioners whose identities were withheld for safety reasons. The court found that existing civil registration laws do not explicitly bar the consideration of such applications.
“The court found that existing laws governing civil registration do not expressly prohibit the consideration of applications to amend sex or gender markers.”
In a statement issued on Wednesday, May 20, 2026, KHRC said the judgment affirms that state agencies must act within the Constitution and avoid blanket refusals that end up violating rights. The organisation noted that such practices have for years contributed to discrimination and unnecessary suffering for transgender persons.
“This decision marks an important step forward for the rights, dignity, equality, privacy, and recognition of transgender persons in Kenya.”
The court further emphasised that public institutions must exercise their powers lawfully, reasonably, and in a procedurally fair manner, in line with constitutional requirements.
“The court has reaffirmed that public institutions must exercise their powers in a manner that is lawful, reasonable, procedurally fair, and consistent with the Constitution and the Bill of Rights.”
For many transgender people in Kenya, identity documents that do not reflect their lived identity have created persistent barriers in everyday life, affecting access to healthcare, education, employment, housing, travel, and financial services.
“This judgment acknowledges those lived realities and affirms that constitutional protections apply equally to all persons without discrimination.”
The court also called for continued engagement between state institutions, policymakers, administrative bodies, and affected communities to develop clear and practical solutions.
“The court’s recognition that this matter requires continued engagement among state institutions, policymakers, administrative bodies, and affected communities is equally noted and welcomed.”
Other organisations, including Jinsiangu and Amka Africa, were also interested parties in the case and supported the petition, saying the ruling opens the door for more inclusive and rights-based administrative processes.
