A Kenyan trans woman has won a historic court case that could reshape transgender rights in the country after a judge ruled she was subjected to inhuman and degrading treatment by government authorities.
Shieys Chepkosgei was arrested in 2019 and charged with “impersonation,” despite holding official documents — including a birth certificate and passport with female markers — while living abroad, where she also competed in women’s athletics.
She was detained while visiting a teaching hospital, remanded to a women’s facility, and subjected to invasive “gender determination” procedures, including a genital exam, hormone tests, blood sampling and radiological scans.
Court ruling
Chepkosgei challenged her detention and the non-consensual examinations, arguing they were unconstitutional and violated her dignity and privacy.
Justice R. Nyakundi of the Eldoret High Court agreed, awarding her compensation of around $9,000 NZD and ruling that her rights had been violated.
Crucially, the judge also ordered the Kenyan Parliament to draft legislation protecting transgender people, either through new laws or by expanding existing intersex protections currently under consideration.
A first for Africa
Advocates hailed the decision as a continental first.
“This is the first time a Kenyan court has explicitly ordered the State to create legislation on transgender rights, and a first on the African continent,” said Lolyne Ongeri of Kenyan rights group Jinsiangu.
If implemented, the move could establish legal gender recognition, anti-discrimination protections in employment, housing, healthcare, and education, and ensure fair access to public services.
A hostile legal landscape
The ruling comes against a backdrop of deep hostility toward LGBTQ+ people in Kenya. Same-sex relations remain criminalised under colonial-era laws, with “gross indecency” punishable by up to 14 years’ imprisonment.
Transgender people face widespread stigma, violence, and legal invisibility, as current law does not allow individuals to change their gender marker.
In 2023, Kenya’s Supreme Court upheld the registration of an LGBTQ+ rights NGO — a rare legal win — but the decision triggered protests led by clerics and anti-LGBTQ+ politicians.
Chepkosgei’s victory signals a possible turning point in East Africa’s ongoing battle for LGBTQ+ recognition and rights.
