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Knec told to change gender on certificate
COURT | Although born as a male, she now says, ‘I am female’
A transgender who sought a name change on a certificate has won the legal battle after the national examiner was ordered to give a fresh document reflecting her altered state. Ms Audrey Mbugua had sued the Kenya National Examinations Council (Knec) for refusing to change her names and delete the “male” gender mark on her certificate, even after a gazette notice was published reflecting her new identity. Justice Weldon Korir yesterday gave Knec 45 days to recall the certificate number 1855399 in the name of Ithibu Andrew Mbugua, bearing “M” for the male gender and replace it with one in the name of Audrey Mbugua, but without a gender mark. The judge said the gender mark on a certificate neither adds value to the exams administered nor the marks awarded and “removal does not dilute its quality”.
He said Ms Mbugua had clearly demonstrated that she is different. “(This) is a woman trapped in a man’s body ... the pull towards the feminine is clearly overwhelming and therefore, I would not hesitate to make an order that will make the applicant feel complete.” The Constitution urges us to “treat people with dignity and such human dignity goes to the heart of identity, which often can be violated by humiliation and denial of rights”. The judge added that for Ms Mbugua to feel whole, she had to be accepted as she is, and denying her the right to change her name in the certificate would amount to a violation of fundamental human rights and liberty. Ms Mbugua’s lawyer Colbert Ojiambo had said his client was born with a gender identity disorder and was undergoing therapy at a city hospital. The judge said transgender cases all boiled down to issues of human dignity.
A transgender who sought a name change on a certificate has won the legal battle after the national examiner was ordered to give a fresh document reflecting her altered state. Ms Audrey Mbugua had sued the Kenya National Examinations Council (Knec) for refusing to change her names and delete the “male” gender mark on her certificate, even after a gazette notice was published reflecting her new identity. Justice Weldon Korir yesterday gave Knec 45 days to recall the certificate number 1855399 in the name of Ithibu Andrew Mbugua, bearing “M” for the male gender and replace it with one in the name of Audrey Mbugua, but without a gender mark. The judge said the gender mark on a certificate neither adds value to the exams administered nor the marks awarded and “removal does not dilute its quality”.
He said Ms Mbugua had clearly demonstrated that she is different. “(This) is a woman trapped in a man’s body ... the pull towards the feminine is clearly overwhelming and therefore, I would not hesitate to make an order that will make the applicant feel complete.” The Constitution urges us to “treat people with dignity and such human dignity goes to the heart of identity, which often can be violated by humiliation and denial of rights”. The judge added that for Ms Mbugua to feel whole, she had to be accepted as she is, and denying her the right to change her name in the certificate would amount to a violation of fundamental human rights and liberty. Ms Mbugua’s lawyer Colbert Ojiambo had said his client was born with a gender identity disorder and was undergoing therapy at a city hospital. The judge said transgender cases all boiled down to issues of human dignity.
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