
Richard Muasya is a death row convict at Kamiti maximum prison, he sought to be freed recently citing his inter-sexual status.
This man through his lawyer has sought assistance given that he cannot be judged as a male or female.
He was involved in a robbery with violence no wonder his conviction but I am perturbed whenever he appears before the bench seeking release, to me this man is a criminal since he is not in prison for good reasons.
On the other hand I feel for him since I can imagine the kind of humiliation he goes through behind the bars, it being a male one. He cannot however be contained in a female cell going by his status . How can he helped? The Kenyan law discriminates against such people since if it did not,there would be a secluded place where such people can be held if convicted.
According to Muasya, he has continued to suffer degrading treatment by being exposed to male convicts, prison warders and other members of the public.
Apparently the police have dropped a rape charge against him after medical examination proved that none of the sex organs was fully developed and it was unlikely for him to commit the crime (rape).
My concern is how the Kenyan government (judiciary) is to deal with Muasya’s case since if a law on hermaphrodites is to be instituted, then Muasya should be sure of dying with humiliation in Kamiti if whatever happens there is something to go by.
On the other hand, he is a criminal like any other and should face the law for his sins. Do other countries treat such cases with exception? I really would like to know.
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