R.M v ATTORNEY GENERAL & 4 others [2010] eKLR (h) A declaration that the petitioner and intersexuals have been left out on issues of marriage and adoption and in the process of deciding the gender or sex they belong to upon attaining the age of majority. (i) A declaration that the Government through the 1st Respondent has failed to introduce legislation setting out procedure, rules and regulations for dealing with intersexuals, to regulate and or monitor the intersexuals so as to ensure that they get a statutory guarantee against discrimination, arbitrary and or unnecessary corrective surgeries. (j) A declaration that the state through the 1st Respondent has failed and or neglected to provide for human rights based treatment of the petitioner and intersexuals and informed consents before operating, and in particular the so called corrective surgeries which have resulted in permanent injuries and or scars on the intersexuals. (k) A declaration that the Government of Kenya through the Respondents has neglected the petitioner and other intersexuals in that the Government has not set up any institutions, facilities for intersexuals like toilets, cells, schools, no trained any personnel to deal with the intersexuals, thereby depriving the petitioner of the Constitutional right of freedom of association as provided for under section 80 of the Constitution. (l) A declaration that the petitioner and other intersexuals have been deprived of their Constitutional right of freedom of movement as enshrined in section 81 of the Constitution of Kenya since intersexuals are not provided for in statutory forms like PP2 which one is required to fill as a passport application form nor given the facilities that are required for the purposes of obtaining a Kenyan passport or for enjoyment of the right of free movement in and out of Kenya. (m) A declaration that the petitioner and other intersexuals have been deprived of the democratic right to vote given that intersexuals cannot legitimately obtain national identity and voters cards since the concerned statutory forms do not create room or provide for intersexuals. (n) A declaration that the petitioner has suffered and will continue to suffer from discrimination and or will stand disadvantaged when seeking or maintaining employment given that intersexuals cannot enjoy the government supported free education facilities free from stigmatization unlike other citizens of Kenya. (o) A declaration that as an intersexual, your humble petitioner is deprived of and http://www.kenyalaw.org - Page 4/45