Intersex criminal Josephine Ayuma was denied admission at both Langata Women’s and Nairobi West Prisons out of fear that starving female prisoners would prey on her because she has a male sex organ.
Intersex are individuals possessing several sex characteristics of both male and females such as chromosomes, gonads, sex hormones or genitals.
Josephine Ayuma has an outward appearance of a typical woman, but she has both functioning male and female sex organs.
Ayuma’s sexual ambiguity turned out to be more of a blessing than a curse to her in regard to her criminal case.
She was set free because no prison in Kenya would admit her. Women’s prison feared she would be preyed on because she has a functioning male sex organ.
Men’s prison also couldn’t admit her because sex starved prisoners would prey on her because she has a female sex organ.
Ayuma was to be confined in Langata Women’s Prison after she was charged with obtaining money by false pretenses with intent to defraud another woman at Toi market.
She was accused of obtaining Ksh14,064 from 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.
Ayuma was rejected by Langata Women’s and Nairobi West Prisons prompting the police to keep her in cells for more than seven days.
Kenya National Human Rights Commission (KNHRC) came to Ayuma’s rescue on learning of her predicament.
KNCHR’s lawyer Cyrus Maweu decided to represent Ayuma in court, he pleaded with the court to accept the out of court settlement.
The intersex was arraigned again before Senior Principal Magistrate Philip Mutua on November 19th 2021 before the charges were withdrawn.
KNHRC lawyers helped Ayuma settle the matter out of the court with the complainant Margaret Mueni Mutiso.
