Knec loses appeal in education certificates battle for transgender activist

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 male. As Andrew, she attended Kiambu High, a boys’ school, where she 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.

And since October 2008, Audrey has received medical treatment at Mathare hospital for gender identity disorder and depression.

Dr Catherine Syengo Mutisya, the deputy medical superintendent Mathare, stated that Audrey had gender identity disorder and had already began the medical transition.

Dr Mutisya said Ms Mbugua is still distressed by the challenge she is encountering as a result of her condition and faces a lot of stigma as a result of having her certificates and identification documents referring to her as male even though she has partly transitioned to female.

COURT DOCUMENT : CIVIL APPEAL NO. 355 OF 2014