As the 2027 general election approaches, citizens of Kenya are being encouraged to enroll as voters. Discussions at the national level are b...
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As the 2027 general election approaches, citizens of Kenya are being encouraged to enroll as voters.Discussions at the national level are becoming more intense regarding involvement, statistics, and voter participation.
Each election season, we are reminded that voting is the time when every citizen stands on equal footing.
I continuously reflect on the significance of that promise for individuals like myself, as well as for many others whose identities are not represented in the documents the state mandates us to provide.
I was assigned female at birth, but have been living as a man for many years. Obtaining my ID initially took three long and tiring years.
When it eventually arrived, the gender indicator still didn't represent my true self. That one discrepancy transforms daily life into a series of obstacles.
A single card decides if you can open a bank account, use M-Pesa, secure formal work, enroll in higher education, travel via the SGR or by air, receive medical care, pay taxes, obtain a driver's license, access national health insurance, or enter specific buildings.
If you don't have an ID that reflects your true self, each of these situations turns into a long argument, a danger, or a complete rejection.
The right to identity is the key that unlocks all other rights. Yet, for numerous transgender individuals in Kenya, this key remains out of reach.
Lacking proper documentation, individuals are excluded from economic opportunities, vital services, education, security, and involvement in democratic processes.
It is a subtle type of disempowerment that seldom comes up in nationwide discussions on elections, yet it influences the everyday experiences of many.
This is the reason why transgender individuals have spent years in courtrooms fighting for recognition that could have been obtained through simple administrative procedures.
A significant event occurred in August this year, as the High Court in Eldoret issued a ruling on Petition E15 of 2019 under Justice Reuben Nyakundi.
The case was initiated on behalf of SC, a transgender woman who was detained on charges of impersonation. Upon learning she was transgender, the situation rapidly turned violent and humiliating.
She was put in a male inmate's cell, subjected to verbal and physical abuse, and almost undressed before an officer stepped in, only to leave her alone in a hallway where the harassment persisted.
Her difficult experience continued at Moi Teaching and Referral Hospital, where she was brought so that medical professionals could "determine" her gender. Her blood was taken against her will. She was undressed in front of patients, nurses, doctors, officers, and other people. She underwent an examination and was treated with disrespect.
When the issue arrived at the High Court, the legal debate focused on whether her constitutional rights were breached. The court concurred.
For the first time, a Kenyan court explicitly acknowledged the petitioner as a transgender individual and supported the right of transgender people to define their own identity.
Justice Nyakundi further urged other branches of government to take firm action to ensure that administrative procedures comply with constitutional safeguards for transgender individuals.
That decision should have marked a significant shift, yet after several months, almost nothing has changed since the organizations tasked with carrying it out have failed to take steps toward its execution.
As we near the general election – and even theNovember 27by-elections – we need to face the difficult truth that certain groups may be officially recognized but remain effectively excluded.
This reminds me of the continuous efforts to promote voter registration. If identification documents are inaccessible or incorrect for transgender individuals in Kenya, the right to vote cannot be fulfilled.
Is this government determined to make sure that minority groups are not neglected? Is it urging the IEBC and other governmental institutions to ensure that each Kenyan can take part completely and without restrictions in our democracy?
The entitlement to rights must never be contingent on whether your identification aligns with your genuine gender. Acknowledgment is not a privilege the government bestows. It serves as the basis for inclusion and engagement.
As long as every Kenyan lacks proper identification documents and the ability to assert their rights without hesitation, our democracy is not fully realized.
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