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Taskforce Report Taskforce Report 2 1 TASKFORCE REPORT TASKFORCE REPORT 2 WARNING: The document contains some images that are graphic in nature and might be disturbing to some readers. Disclaimer This publication has been developed with the technical assistance from the International Development Law Organisation (IDLO), with financial support from the United States Agency for International Development (USAID) and Danish International Development Agency (DANIDA). The printing of the publication has been undertaken by IDLO with funding from the Danish International Development Agency (DANIDA). The views expressed herein do not necessarily reflect the views or policies of IDLO or its Member Parties. Similarly, the views expressed in this publication do not necessarily reflect the views of USAID and DANIDA. 3 TASKFORCE REPORT REPORT OF THE TASKFORCE ON POLICY, LEGAL, INSTITUTIONAL AND ADMINISTRATIVE REFORMS REGARDING THE INTERSEX PERSONS IN KENYA SUBMITTED BY THE TASKFORCE ON POLICY, LEGAL, INSTITUTIONAL AND ADMINISTRATIVE REFORMS REGARDING THE INTERSEX PERSONS ON KENYA TO THE HONOURABLE ATTORNEY-GENERAL OF THE REPUBLIC OF KENYA HON. P. KIHARA KARIUKI DATED THIS…………………..DAY OF …….…………………………………2018 TASKFORCE REPORT 4 Hon. P. Kihara Kariuki Attorney-General of the Republic of Kenya State Law Office, Sheria House Harambee Avenue NAIROBI 10th December 2018 Dear Sir, RE: LETTER OF TRANSMITTAL The Taskforce on Policy, Legal, Institutional and Administrative Reforms Regarding Intersex Persons in Kenya was appointed by the Hon. Attorney- General vide Gazette Notice No. 4904 on 26th May 2017 with the following terms of reference: a) Compile comprehensive data regarding the number, distribution and challenges of Intersex persons; b) Undertake comprehensive literature review based on a comparative approach to care, treatment and protection of Intersex persons; c) Examine the existing policy, institutional, legislative, medical and administrative structures and systems governing Intersex persons; d) Recommend comprehensive reforms to safeguard the interests of Intersex persons; e) Develop a prioritised implementation matrix clearly stating the immediate, medium and long term reforms governing the Intersex persons; and f) Undertake any other activities required for the effective discharge of its mandate. In exercise of its mandate, the Taskforce was required to complete its work and submit its final report to the Hon. Attorney-General within 6 months from the date of its appointment. The Taskforce subsequently sought two extensions of its tenure which were granted vide Gazette Notice Nos. 10810 and 4544 dated 3rd November, 2017 and 9th May 2018 respectively and a final one month administrative extension lapsing on 10th December, 2018. The Taskforce has implemented its mandate, finalised its report which entails a proposed framework for implementing the recommendations made. We are humbled by the trust which was bestowed on us to serve in the taskforce. 5 TASKFORCE REPORT The taskforce is honoured to present this report to your Lordship, the Attorney-General of Kenya. ………………………………………...................................... Mbage Njuguna Ng’ang’a - Chairperson ………………………………………...................................... Maryann Njau-Kimani, OGW - Member …………………………………......................................…… John M. Kinyumu - Member …………………………......................................…………… Jimmy Edwin Nyikuli - Member ……………………......................................………………… Lavina Achieng Oluoch - Member ………………………......................................……………… Jedidah Wakonyo Waruhiu - Member ………………….......................................…………………… Caroline Towett - Member ……………….......................................……………………… Sylvester Mbithi - Member ……………………......................................………………… Petronella Mukaindo - Member ……………………......................................………………… James Karanja - Member ……………………….......................................……………… Samwel Odiwuor Kaumba - Joint Secretary ……………………….......................................……………… Veronica Wambui Mwangi - Joint Secretary TASKFORCE REPORT 6 TASKFORCE MEMBERS The table below shows the names of the members and the institutions represented. Name Designation Institution Mbage Njuguna Ng’ang’a Chairperson of the Kenya Law Reform Commission Taskforce (KLRC) Maryann Njau-Kimani, OGW Member Office of the Attorney General & Department of Justice (OAG &DOJ) John M. Kinyumu Member Ministry of Interior and Coordination of National Government (Department of National Registration Bureau) Jimmy Edwin Nyikuli Member Ministry of Interior and Coordination of National Government (State Department of Immigration, Border Control and Registration of Persons) Lavina Achieng Oluoch Member The CRADLE –The Children Foundation Caroline Towett Member Ministry of Labour and Social Protection; State Department of Children’s Services. Petronella Mukaindo Member Kenya National Commission on Human Rights (KNCHR) Sylvester Mbithi Member National Gender and Equality Commission Jedidah Wakonyo Waruhiu Co-opted Member Kenya National Commission on Human Rights (KNCHR) James Karanja Co-opted Member Intersex Persons Society of Kenya (IPSK) Samwel Odiwuor Kaumba Joint Secretary Office of the Attorney General & Department of Justice (OAG & DOJ) Veronica Wambui Mwangi Joint Secretary Kenya National Commission on Human Rights (KNCHR) 7 TASKFORCE REPORT ACKNOWLEDGEMENT The completion of the Taskforce report is borne of the exemplary work, immeasurable dedication and cooperation of several individuals and institutions. We acknowledge key State and Non-State institutions i.e. Ministry of Interior and National Coordination of Government, Ministry of Health, Ministry of Education, Ministry of Labour and Social Protection, Kenyatta National Referral Hospital, Moi Teaching and Referral Hospital, Intersex Persons Society of Kenya, Jinsi Yangu, and Gender Minority Advocacy Trust (GMAT), among others. We also gratefully acknowledge all the professionals and individuals who supported this noble initiative through supplying crucial data and information regarding intersex persons. The Taskforce acknowledges tertiary institutions that opened the door to the Taskforce Members and shared their institutional experiences on the subject and those that afforded a platform for creating awareness, including: the University of Nairobi, Kenyatta University, Moi University, Mt. Kenya University, Thika School of Medical and Health Services and United States International University - Africa. The Taskforce especially remains grateful to the intersex persons and their families who willingly shared deep personal experiences and views concerning their lives. These included families in Kenya and those we met in Uganda during a study tour organised by SIPD-Uganda. Their individual and collective input made the work of the Taskforce achievable amid the trying challenges. The Taskforce further extends its deep appreciation to each and every one of its Members for their personal involvement and dedication in the entire process, without which the report would not have been possible. We salute the administrative and logistical support accorded by the Joint Secretaries, Ms Veronica Mwangi and Mr Samwel Kaumba, which made the entire process seamless. The Taskforce also appreciates Dr. Antonina Okuta for the support as a joint secretary in the early stages of the Taskforce’s work. We further acknowledge the continuous and effective work of the legal research consultants: Elizabeth Agina, Sheila Nnamdi and Virginia Nelder, who assisted in the collation and transformation of immense information into a coherent and analytical report. The Taskforce also wishes to express TASKFORCE REPORT 8 its appreciation to John Chigiti, Lavinia Ogolla, Concilia Flora, Winnie Nyambegera and their entire team for facilitating the data collection and analysis process, which was a vital component in the completion of this report. The Taskforce, in the same breath greatly appreciates the indispensable contribution of Amos Omollo and Msanii Kimani wa Wanjiru for the final editing and design and layout of the entire report in time and in shape. The Taskforce also appreciates the administrative support accorded by its secretariat, Kenya National Commission on Human Rights for graciously opening its doors and providing meeting facilities and its associated needs, putting at the Taskforce’s disposal its staff for technical support especially on awareness initiatives and most importantly for its overall coordination of the field survey, the first of its kind in Kenya. Similarly, the Taskforce expresses its sincere thanks to Kenya Law Reform Commission for financial support, technical support through its officers and for the office space they accorded to part of the secretariat staff. Further, we recognise the key role played by other staff and all other actors who assisted the Taskforce in one way or the other at the various stages, especially in the technical review and finalisation. The Taskforce is appreciative of the support and participation of Anne Nderi, Cindy Salim and other members of staff from the International Development Law Organisation (IDLO). Finally, the Taskforce greatly appreciates the generous financial and technical support of the IDLO and the Open Society Initiative of Eastern Africa (OSIEA). Thank you all. 9 TASKFORCE REPORT FOREWORD BY THE CHAIRPERSON I am very pleased to be associated with the work and publication of this report of the Taskforce on Policy, Legal, Institutional and Administrative Reforms regarding
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