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{
    "id": 939556,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/939556/?format=api",
    "text_counter": 369,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Mwaura",
    "speaker_title": "",
    "speaker": {
        "id": 13129,
        "legal_name": "Isaac Maigua Mwaura",
        "slug": "isaac-mwaura"
    },
    "content": "ridicule and inadequate or denial of medical attention. The intersex persons face these challenges right from birth to adulthood. Whereas the Constitution provides for protection of fundamental rights and freedoms of all Kenyans, including the intersex persons, Kenya has not put in place policies or adequate legal framework on intersex persons. There is, therefore, an urgent need to address their plight. This observation was made by the High Court in the case of Baby „A‟ suing through Mother „EA‟ and another vs the Attorney-General and six others; the Petition No. 266 of the year 2013. Madam Temporary Speaker, in the case, Baby „A‟ was born with both male and female genitalia and the hospital records indicated the baby‟s sex by using a question mark. As a result, the child could not be issued with a birth certificate. The court directed the Government to consider developing an appropriate legal framework governing issues related to intersex children. Additionally, the Government was urged to consider the issue of collecting data relating to intersex persons with a view to designing policies to protect them as a marginalized group in society. On the findings of the court in the case of Baby „A‟ on 26th May, 2017, the Attorney-General through Gazette Notice No.4904, appointed a task force on policy, legal, institutional and administrative reforms regarding intersex persons in Kenya. The task force finalized its work and prepared a Report with various recommendations. The task force made recommendations such as the amendment to various laws including the Registration of Persons Act, the Births and Deaths Registration Act and the Kenya Citizenship and Immigration Act. There are concerted efforts all over the world to promote the fundamental rights and freedoms of intersex persons. Countries such as Uganda, Malta, United Kingdoms, Netherlands, Germany and the City of New York have put in place legal mechanisms for registration of intersex persons. In Uganda, Section 38 of the Registration of Persons Act gives the executive director of the authority responsible for registration of person‟s, powers to change particulars of a child who is born as intersex upon application by the parent, guardian or the child notwithstanding the use of the word intersex which many people do not understand. This is actually a positive way of addressing the problem. To achieve the objective of the Bill, Clause 2 of the Bill proposes to amend the Registration of Persons Act by inserting the definition of the words „intersex‟ and „sex‟ so as to take into account the third sex marker, „intersex‟ in addition to the two traditionally recognized sexes of male and female. Clause 3 on the other hand proposes to insert a new Section 9(b) to the Registration of Persons Act to provide for change or particulars of an intersex person. It is proposed that intersex persons who undergo medical procedure and become male or female, shall within six months of procedure inform the registrar of persons in order for the change of the particulars to be effected by the registrar. Once a change of particular has been noted, the old identity card will be surrendered to the registrar of persons and a temporary waiting card issued pending issuance of a new identity card. Additionally, Clause 4 of the proposed Bill seeks to amend Section 2 of the Births and Deaths Registration Act by inserting the definition of the word „sex‟. The definition The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}