In the matter between R.M. versus the Hon. Attorney General et al: High Court of Kenya, 2010

Date December 29, 20152:32 pm
Subject , ,

The petitioner commenced these proceedings by way of a petition filed pursuant to Rules 11 and 12 of The Constitution of Kenya (Supervisory Jurisdiction and Protection of the Fundamental Rights & Freedoms of the Individual) High Court Practice and Procedure Rules L.N. No.6 of 2006. The petition was filed under the former Constitution of Kenya, which was repealed by the promulgation of a new Constitution on 27th August, 2010.

The petitioner was born with both male and female genitalia. Due to his ambiguous gender the petitioner was unable to secure a birth certificate, identity card, or any travel documents. The petitioner dropped out of school at Class 3. He became secluded and ended up in conflict with the law, being charged with an offence of robbery with violence.
The petitioner was tried, convicted and sentenced to death for robbery with violence and committed to Kamiti Maximum Prison for male death row convicts. Contrary to the Prisons Act, the petitioner was made to share cells, beddings and sanitary facilities with male inmates, and was exposed to constant abuse, mockery, ridicule and inhuman treatment. He was also sexually molested by curious male inmates. The petitioner claimed that his dignity as a human being and his fundamental rights against inhuman treatment, discrimination on grounds of sex, and rights to freedom of association, freedom of movement, right to fair hearing and protection under the law were violated. He therefore filed this petition seeking appropriate redress.
The petition is dismissed except for prayer (q): the petitioner’s right to protection against inhuman and degrading treatment has been violated. The petitioner is awarded damages of Kshs. 500.000/=. In view of the ambiguity surrounding the sex of the petitioner the order for the petitioner to be held in separate and exclusive accommodation from other male convicts will continue to remain in force.

Republic of Kenya: In the High Court of Kenya at Nairobi (Nairobi Law Courts): Petition 705 of 2007: In the matter of alleged contravention of fundamental rights and freedoms of the individual under sections … between R.M. v Attorney General & 4 others, three amicus curiae and five interested parties: judgment: R.M. v Attorney General & 4 others [2010] eKLR