Eldoret, Kenya – In a landmark ruling for transgender rights in Kenya, the High Court has declared that the Kenya Prisons Service and the Moi Teaching and Referral Hospital (MTRH) violated a detainee’s constitutional rights by subjecting her to invasive body searches and forced medical examinations. Justice Reuben Nyakundi said the treatment of Shieys Chepkosgei during her 2019 detention amounted to inhuman and degrading treatment and failed to respect her gender identity.

The judge awarded Chepkosgei Sh500,000 in damages and affirmed that state agencies must recognise individuals’ right to self‑identify, noting that existing laws do not permit the government to impose a gender on a person. He also urged Parliament to develop comprehensive legislation on transgender and intersex rights, referring to the pending Intersex Persons Bill, 2024. While Kenya’s constitution prohibits discrimination on grounds of sex, it lacks explicit protections for sexual and gender minorities.

Chepkosgei was arrested in Eldoret in 2019 after a domestic dispute and held at Eldoret Women’s Prison. She told the court that prison guards forced her to undergo multiple physical examinations to determine her sex and pressured her to admit to being a man. Doctors at MTRH allegedly conducted tests without her consent and disclosed her medical information to prison officials. The institutions denied wrongdoing and said they were following procedures.

Human rights organisations welcomed the judgment as a milestone for Kenya’s LGBTQ+ community. They said it sends a message that state institutions must treat transgender people with dignity and that arbitrary searches and medical tests are unlawful. Activists urged authorities to sensitise prison and healthcare personnel and to enact laws that align with international human rights standards.

The Attorney General’s office said it was reviewing the judgment and consulting relevant departments. Legal experts anticipate the case could influence future litigation and legislative reforms, particularly as Kenya debates how to balance cultural values with the rights of sexual and gender minorities.