R.M v ATTORNEY GENERAL & 4 others [2010] eKLR applicants were found to have locus standi after establishing that they were members of the Il Chamus community, a unique, cohesive, and minority group comprising of about thirty thousand persons. 113. In this case, other than talking generally about intersex persons, the petitioner has not identified even a single other intersex person. Several parties applied and were joined to this suit either as amicus curiae or interested parties. The impression created was that the petitioner’s suit raised issues of public interest such that the presence of the additional parties was necessary in providing appropriate information that would enable the court deal with the issues comprehensively. 114. In seeking to be enjoined to the suit, the 2nd amicus Trustee, David Kuria, swore an affidavit th on 25 May, 2009, in which he deponed that during the course of his duties, he has encountered intersexual persons whose plight is similar to that of the petitioner. Nevertheless, no further affidavit was sworn on behalf of the 2nd amicus curiae giving any facts in regard to this contention, nor did the 2nd amicus curiae identify any other intersex persons. 115. Likewise, the 3rd amicus curiae, in convincing the court to have it joined to the suit, had an affidavit sworn by its secretary one Mburu Gitu stating that it will bring to the court vital and valuable information regarding persons born as intersexuals and the human rights violation they face. Having been joined in the suit, no further affidavit was sworn on behalf of the 3rd amicus curiae bringing before the court any facts regarding the presence of intersex persons in this country or the alleged violation of their rights. 116. The 1st interested party similarly made general references with regard to the violation of the rights of intersexual persons in Kenya. The affidavits sworn by 1st interested party’s executive director Jedidah Wakonyo Waruhiu did not make reference to any intersexual in Kenya other that the petitioner. Gilbert Oduor Onyango, Deputy Director of the 2nd interested party, also swore an affidavit urging the court to have the 2nd interested party joined in the suit, stating that during the course of his duties he had encountered intersexual minors whose plight is similar to that of the petitioner. The deputy director swore that his organization had received instructions from guardians or parents of minor intersexuals to highlight the plight of the minor intersexuals. Again no affidavit was sworn or information laid before the court by the 2nd interested party regarding the incidence or prevalence of intersex births in the country. 117. Thus, there is no empirical data or indeed any other facts before us upon which we can conclude that there is a body of persons known as intersex persons. Nor, is there any information upon which this court can conclude that the issues raised with regard to intersex persons, is something in which the society as a whole has an interest that warrants recognition. It is true that the intersex birth is an unusual occurrence which attracts public curiosity. However, such public curiosity can only graduate to public interest with empirical data confirming that the prevalence of intersex birth in this country is of such magnitude as to call for government regulation or intervention. 118. Therefore, we are not persuaded that there is a definite number of intersex persons in Kenya as to form a class or body of persons in respect of whose interest the petitioner can bring a representative suit, nor are we persuaded that the suit before us is a public interest litigation such as to justify the petitioner bringing a representative suit. We find that the petitioner’s condition is a rare phenomenon in this country. His case must be treated as an isolated case in respect of which we are concerned with the rights of the particular individual before us. Consequently, the reference in the amended petition to other intersexuals and violation of rights of those other intersexuals shall be struck out. http://www.kenyalaw.org - Page 31/45