The opposite sex for the intersex person; assumption of binary in Kenya’s Constitution
Posted: 13 October, 2023 Filed under: Esther-Blessing Nasimiyu | Tags: binary assumption, Constitution of Kenya, equality, inclusion, intersex, intersex persons, Kenya National Commission on Human Rights, non-discrimination, opposite sex, protection of minorities, right to marry, same-sex marriages, sexual minorities 1 Comment
Author: Esther-Blessing Nasimiyu
Student, Kabarak Law School
The 2010 Constitution of Kenya is notable for recognising the family system through the provision of the right to marry in article 45(2).[1] For ease of reference, article 45(2) provides that every adult has the right to marry a person of the opposite sex, based on the free consent of parties. The sub-article’s phrasing breeds a significant complication due to the insertion of the term ‘opposite sex’. This is a blatant disregard of the existence of Kenyan adults who cannot conform to either gender due to being intersex.
AfricLaw 