Kenya: Baby ‘A’ and Another v. Attorney General and others
Published: 16/Mar/2015
Source: Kenya High Court at Nairobi
Kenya Constitutional Petition No.266 of 2013
BABY ‘A’ (Suing through her mother, E.A)……………….………………1ST PETITIONER
THE CRADLE-THE CHILDREN FOUNDATION……………………………..2ND PETITIONER
AND
ATTORNEY GENERAL……………………………………….…………….1ST RESPONDENT
KENYATTA NATIONAL HOSPITAL…………………………..…………..2ND RESPONDENT
THE REGISTRAR OF BIRTHS AND DEATHS………………..…………..3RD RESPONDENT
Extract:
“On or about 3rd May 2009, one E.A. who is the mother of the 1st Petitioner, gave birth to a baby who was born with both male and female genitalia. On 10th May 2009, the 2nd Respondent, Kenyatta National Hospital, issued E.A with various documents used in the process of carrying out genitogram tests, x-rays and scans on that baby who was named Baby A for purposes of these proceedings and a question mark ‘(?)’ was inserted for the column indicating the child’s sex. To-date, the child has never been issued with a birth certificate and in the Petition dated 24th May 2013, the Petitioners’ claim that the entry of a question mark on the child’s medical and treatment notes offends the child’s rights to legal recognition, erodes its dignity and violates the right of the child not to be subjected to inhuman and degrading treatment as guaranteed under Section 4 of the Children Act as well as Articles 27, 28 and 29 of the Constitution.”
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