Kenya's High Court rules trans people must have gender marker applications considered

Kenya's High Court rules the state must consider applications to change gender markers on identity documents

Justice Bahati Mwamuye found that existing registration laws do not prohibit trans Kenyans from applying to amend their documents. The ruling does not guarantee changes but ends blanket refusal.

Kenya's High Court has handed down a ruling that requires government authorities to properly consider applications from transgender people to amend gender markers on official identity documents. The judgment, delivered by Justice Bahati Mwamuye, found that existing registration law does not expressly prohibit such applications from being made or considered.

The ruling arose from a petition filed in 2020 by Kenyan transgender rights activist Audrey Mbugua and two others. It establishes that officials cannot simply refuse to consider gender marker change applications outright. Each application must instead be assessed individually, in a reasonable, fair and non-discriminatory manner consistent with Kenya's constitution and Bill of Rights.

The Kenya Human Rights Commission welcomed the decision. In a statement, KHRC said the court had affirmed that public institutions must exercise their powers lawfully and that constitutional protections apply equally to all people. For many trans Kenyans, identity documents that do not reflect their lived reality create daily barriers to accessing healthcare, education, employment, housing, travel and financial services.

The ruling follows a 2025 High Court decision in Eldoret involving transgender woman Shieys Chepkosgei, who had been detained and charged with impersonation. In that case the court affirmed her rights and directed Parliament to begin preparing legislation addressing transgender recognition. Wednesday's ruling builds on that direction.

Same-sex relations remain criminalised under colonial-era laws in Kenya, carrying potential penalties of up to 14 years in prison. The new ruling does not change that. What it does is establish that transgender Kenyans cannot be turned away without a fair hearing when seeking recognition of who they are.

Reporting: The Star Kenya