In Summary
  • The Court of Appeal said they were not persuaded by Knec to overturn the High Court’s decision, which ruled in Audrey's favour.
  • Like other certificates, Ms Mbugua's was inscribed with the mark, M, signifying the male gender.
  • And since October 2008, Audrey has received medical treatment at Mathare hospital for gender identity disorder and depression.

Transgender activist Audrey Ithibu Mbugua has won a battle against the Kenya National Examinations Council after the Appellate court upheld a decision compelling them to change her academic certificates to reflect ‘her’ new identity.

The Court of Appeal said they were not persuaded by Knec to overturn the High Court’s decision, which ruled in Audrey's favour.

"All in all, we are not persuaded that the appellant has established a basis for this court to interfere with the decision of the lower court," Justices Philip Waki, Gatembu Kairu and Otieno Odek ruled.

The judges dismissed the claim that Justice Weldon Korir had waded into the policy and legislative arena and ignored cultural realities of the society.

TRANSGENDER PERSONS

The judges said there is, of course, need for the government, and Parliament in particular, to address in a holistic manner the interests of minorities such as transgender persons.

However, such minorities cannot wait until there is a policy and legislative framework in place, to get recourse to secure their dignity guaranteed under the Constitution.

Audrey, formally known as Andrew Ithibu Mbugua, was born and raised as a male. As Andrew, he attended Kiambu High, a boys’ school, where he sat his KCSE in 2001 and scored a mean grade of A- (minus).

Like other certificates, Ms Mbugua's was inscribed with the mark, M, signifying the male gender.

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