While speaking at the annual judges colloquium in Mombasa on Tuesday, Maraga called for fair treatment of transgender people saying to some those were factors beyond their control.
“There some people who find themselves in that position,they are born with their genders not distinct, I mean why do you want to cast those people out of the society?” He posed.
“There are also others who have decided to change their gender out of their own will that is their own choice, we deal with those cases as they come and uphold the rights of the individual” He said.
Maraga further urged Kenyans not to allow their personal beliefs hate people in the constitution.
“Even as a judge I may not agree with someone who is male and has chosen to be referred to as a female gender ,I may not like that as a person ,but I have to uphold the persons right as per the constitution.” Said Maraga.
Maraga urged Kenyans to accept people of all genders as the constitution protects them
“Everyone has a right whatever his or her views are some people may not like their views but they have to give them their right,” he added.
The Kenyan constitution does not really mention much about the treatment of transgender people however article 27 (4) of the constitution puts everyone as equal before the law:
“The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.”