Kenyan Court Orders Authorities to Consider Gender Marker Change Applications

In Kenya, the High Court ordered the authorities to consider applications for changing gender markers in identity documents.

Judge Bahati Mwamuye ruled that existing laws do not prohibit submitting such applications, and automatic refusal violates constitutional rights. Officials must now consider each request individually.

The ruling was issued on a petition filed in 2020 by Kenyan transgender rights activist Audrey Mbugua and two other plaintiffs. The judge found no explicit prohibition on changing gender markers in the civil registration laws.

The Kenya Human Rights Commission (KHRC) supported the decision. The commission noted that without correct documents, transgender people face obstacles in accessing healthcare, education, employment, and finances.

This is not the first victory for transgender people in Kenyan courts. In 2025, a court in Eldoret protected the rights of Shieys Chepkosgei, who was arrested in 2019 on charges of “impersonation.” The court also ordered the government to draft a law on transgender rights.

However, same-sex relationships remain criminalized in Kenya under colonial-era laws. Same-sex contacts carry a penalty of up to 14 years in prison. According to a 2019 study , discrimination against the LGBT community costs Kenya between $181 million and $1.3 billion annually.