Landmark Victory for Transgender Rights in Kenya as Eldoret High Court Rules in Favour of Athlete S.C in Rights Violation Case
By Lolyne Ongeri,
In a groundbreaking judgment delivered in Eldoret, the High Court has ruled in favour of transgender athlete and Jinsiangu member S.C, awarding her KES 1 million in compensation for violations of her constitutional rights.
Justice R. Nyakundi found that S.Cs’ rights to dignity, privacy, freedom and security of the person, and equal protection of the law were violated during her arrest, detention, and medical examination in 2019. The case, known as Constitutional Petition No. E015 of 2019 arose from Shieys’ arrest in Eldoret in June 2019, where she was subjected to intrusive body searches and non-consensual medical examinations to “determine her gender.” She challenged these actions as unconstitutional, arguing they violated her inherent dignity and exposed the legislative gap in the treatment of transgender persons in custody.
In a historic move, the court further directed the Government of Kenya to initiate and table a bill addressing the rights of transgender persons, with Parliament instructed to take the necessary legislative steps to enact protections and recognition in law.
The High Court in Eldoret:
Recognized that the Petitioner’s rights were infringed through degrading searches and examinations.
Held that the absence of laws or policies for the treatment of transgender persons in custody violates the Constitution.
Directed the State to undertake legislative reforms to the Prisons Act and related laws to protect transgender persons.
Awarded KES 1,000,000 in general damages to Shieys.
This ruling builds on earlier landmark cases such as the 2014 Republic v. Kenya National Examination Council & Another ex parte Audrey Mbugua Ithibu, in which the court recognized a transgender woman’s right to have her academic certificates reflect her gender identity. Together, these cases mark a growing judicial acknowledgement of transgender rights in Kenya’s constitutional framework.
This is the first time a Kenyan court has explicitly ordered the State to create legislation on transgender rights, and a first in the African Continent. If implemented, it could address decades of legal invisibility and discrimination faced by transgender persons by establishing clear legal recognition of gender identity, protections against discrimination in employment, housing, healthcare, and education, and access to public services without bias or harassment.
Jinsiangu Kenya acknowledges the remarkable contribution of Transgender Education and Advocacy (TEA), the institution that first filed this Petition in 2019, before we later joined. This victory is a powerful reminder that, as a movement, we thrive when we work together toward our common goals.
Going forward, Jinsiangu will closely monitor the state’s next steps, as it is now obligated to draft and table a Transgender Rights Bill in Parliament. We commit to working hand-in-hand with lawmakers, civil society, and the public to ensure the legislation is inclusive, evidence-based, and enforceable.
