On the basis of complaints received, cases litigated and reports by the commission, Intersex persons in Kenya continue to face human rights violations mainly centered on their legal recognition which has a negative ripple effect in the enjoyment of their other human rights and fundamental freedoms. In this regard, KNCHR has continually advocated to safeguard the realization and enjoyment of human rights for the intersex persons as equal persons before the law.
KNCHR has previously made representations before the parliamentary departmental committee on Administration and National Security following a petition before the committee relating to Intersex Persons as well as in conjunction with other stakeholders participated in the inaugural commemoration of the Intersex Awareness Day in Kenya. Additionally, KNCHR has been an amicus curiae in the R.M vs. Attorney General & 4 others [2010] case, which brought to the fore the challenges faced by petitioner and resultant human rights violations Intersex persons face.
Most recently, KNCHR was an interested party in the case of E.A & Another vs. Attorney General & 6 others which made key determinations including; the need to develop appropriate legal framework governing issues of Intersex children, the need to collect data on intersex children and persons in Kenya and the need to formulate guidelines to inform treatment of intersex persons, which led to the formation of the Taskforce on Policy, Legal, Institutional and Administrative Reforms regarding Intersex persons. The taskforce was established by the Attorney General vide gazette notice no. 4904 on 26th May 2017, with an initial term of 6 months which was subsequently extended and shall expire in October, 2018.