An intersex robbery convict fighting for legal recognition was on Thursday told to “pay for your sins as you were never denied schooling because of your gender.”
A group calling itself Kenya Christian Lawyers Fellowship asked a three-judge bench of the constitutional court to disregard pleas by Richard Muasya to be released from Kamiti because of his unique sex condition.
The group drew the court’s attention to affidavits by Muasya’s relatives that he went to school but dropped out, saying he could not see the board, contrary to claims that he was denied education because of his sex.
The affidavits were sworn by Muasya’s mother and his maternal grandmother, Ms Damaris Siyongo.
According to the affidavits, despite concerted efforts to have Muasya go back to school he refused, opting to fetch water.
Presenting his case in court on Tuesday Muasya, who has both male and female organs, said he was denied an education because of his gender.
He sought to introduce a third gender in the law books when his lawyer, Mr John Chigiti, said his client did not have a birth certificate because his sexuality was not legally recognised. The court will make a ruling on September 29.