Intersex person who was rejected by prisons finally freed – VIDEO
A woman who was rejected by Langata Women’s and Nairobi West Prisons because she is an intersex has gotten a reprieve following the intervention of the Kenya National Human Rights Commission.
Ms Josephine Ayuma had been committed to Langata Women’s Prison after she was charged with obtaining money by false pretences with intent to defraud at Toi market.
But she was turned away at the two prisons on the grounds of her gender identity, prompting the police to keep her in cells for more than seven days.
The KNCHR intervened after learning of her predicament through a court user committee meeting and represented her in court.
The commission’s lawyers helped her settle the matter out of the court with the complainant.
Ms Ayuma was accused of obtaining Sh14,064 from Ms Margaret Mueni Mutiso by pretending that she would settle her loan of the said amount at Tiki properties, a fact she knew to be false.
She denied the charges twice before Senior Principal Magistrate Esther Boke on November 10, 2021.
She was arraigned again before Senior Principal Magistrate Philip Mutua on November 19, 2021 before Ms Mutiso withdrew the charges.
Ms Ayuma was represented by KNCHR’s lawyer Cyrus Maweu who pleaded with the court to accept the out of court settlement.
Ms Ayuma said, after the case was withdrawn, that she took the money that her employer had loaned to Mutiso because her employer had not paid her. She said Langata Women’s Prison had said she doesn’t fit there.
Ms Mutiso said she did not have any other matter to pursue around the case because her debt had been written off by Tiki properties who chose to forgive Ms Ayuma.