The High Court has delivered a landmark judgment declaring that Kenyan law does not expressly prohibit the alteration of sex or gender markers on official documents, in a major victory for transgender rights and constitutional freedoms.

In the ruling, Justice Bahati Mwamuye found that state agencies violated the rights of transgender activist Audrey Mbugua Ithibu by refusing to amend gender details on official documents including birth certificates, national identity cards and passports.

The court held that the refusal exposed transgender persons to harassment, forced disclosure of private information and difficulties accessing essential public services.

Justice Mwamuye ruled that constitutional rights cannot be suspended simply because there is no specific legislation governing gender marker changes, emphasizing that courts have a duty to enforce rights guaranteed under the Constitution.

The judge further clarified that the court was not creating new law, but interpreting existing legislation in line with constitutional protections on equality, dignity, privacy, freedom of expression and fair administrative action.

In a significant finding, the court held that neither the Births and Deaths Registration Act nor the Registration of Persons Act expressly bars changes to sex or gender markers on official records.

The court consequently quashed earlier decisions rejecting the applications and ordered the Principal Registrar, National Registration Bureau and Passport Office to receive, consider and determine such requests within 60 days.

Pending a clear legal framework, the court directed that future applications be handled fairly, reasonably and without discrimination on a case-by-case basis.

The ruling is expected to spark renewed national debate on gender identity, constitutional rights and administrative reforms, while setting a major precedent on how state institutions handle identity document applications in Kenya.