My rights abused, double sex prisoner says - Instablogs
My rights abused, double sex prisoner says
Rose Ng'ang'a , Nairobi: Feb 19 2009
Made Popular Feb 20 2009
Kenya :

My rights abused, double sex prisoner says

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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2 Stars
Sachen
Nairobi, Kenya
he should be given the punishment according to the rule as being hermaphrodite is not a license to commit the crime. A criminal should be convicted according to the law and there should be no Leniency while dealing with such criminals.
1 Stars
Rose Ng'ang'a
Nairobi, Kenya
Thanks Sachen for your comment i echo your sentiments also but should this man go through all this because of his status? okey i also beleive that he is a criminal and he should be punished but ..... for sure his case is different.
1 Stars
Farai
Harare, Zimbabwe
if Muasya committed murder and robbery, he is a criminal and therefore should meet a criminals treatment. How his rights abused made me surprised and forces me to ask how about those who he robed and murdered? didn't they had rights? Is there no one to Kick him hard for saying so.
1 Stars
Rose Ng'ang'a
Nairobi, Kenya
Farai, thanks for your comment. I also believe he is a social misfit but disadvantages him so much.
1 Stars
I remember Duncan speaking about this man’woman when he/she was asking for a test to verify whether he/she was multi-sexual, be it multisexual or whatever the test might have found out,he’she remains a criminal and should be sentenced as per the Laws of Kenya
1 Stars
Rose Ng'ang'a
Nairobi, Kenya
Hi Abigael, thanks a lot for your comment, but my concern is where should this person be held.... you notice the person has complained of humiliation meaning that he is getting punished twice, on the other hand yu notice he carries out his life as a man meaning that he cannot also be held in a female jail - he deserves justice yes but how should it be dispensed, the story looks so simple but i think its a hard life for ’him’.
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