Supreme Court Judge Isaac Lenaola, on Monday, publicly apologized to a convict he sent to Kamiti Maximum Prison for failing to protect his rights.
The convict, Richard Muasya was born with both male and female organs and had been charged with robbery with violence when Lenaola sent him to prison.
"I personally apologise because I do not feel that I gave the case my best," the judge stated.
Lenaola added he did not understand issues affecting intersex persons when he presided over the case.
"At the time I was completely unaware of the plight of intersex persons until Richard Muasya appeared in my court. I feel that we failed you because we could not make a decision," Lenaola stated.
The judge made his apology when he came face to face with Muasya during the taskforce on policy, legal, institutional and administrative reforms regarding the intersex persons in Kenya.
Muasya was sexually abused when he was serving his time in prison and moved to the High court to have his rights protected.
He also wanted to have a special prison for intersex persons.
The convict was awarded Ksh 500,000 for the harassment by a three-bench judge. However, they did not agree that searches by prison warders were wrong. The judges did not give consent to special prisons for intersex persons and therefore, Muasya was released.
On Monday, Attorney General Paul Kihara stated the government would enact laws to protect the rights of intersex children and adults in Kenya.
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