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Big win for transgender as KNEC ordered to alter KCSE papers

Local News

Audrey Mbugua

A transgender who stunned the nation with her intention of being recognised as a woman can now celebrate after the High Court ordered the national examiner to comply with her wishes.

After a landmark ruling, the Kenya National Examinations Council (Knec) now has 45 days to change Audrey Mbugua’s Kenya Certificate of Secondary Education (KCSE) certificate from Andrew Mbugua Ithibu to Audrey Mbugua Ithibu.

High Court Judge Weldon Korir ordered that the document be printed without a gender mark, adding that Audrey meets any extra costs required.

He, however, noted that Knec cannot be faulted for declining to amend her certificate as her gender issue was previously unheard of.

“I note that this is a novel issue and Knec cannot be faulted for refusing to issue an amendment to the applicant,” Justice Korir said.

He noted that the examinations body had not demonstrated to the court why Audrey could not be issued with another certificate with the changes she desired.

On the other hand, the court heard that Audrey had provided enough basis as to why Knec should be compelled to issue her with a fresh certificate.

“The court takes judicial notice of the fact that examinations in this country are not administered based on the gender of the candidate. Marks are also not awarded on gender,” the court stated. He noted that Knec on any other situation can withdraw a certificate for amendments where necessary.

LEGAL BACKING

“It therefore has legal backing to comply with the applicant’s (Audrey) request. Where it fails to do so, then this court can issue an order to compel it to perform the duty,” said the judge.

Audrey moved to court challenging the examination’s body failure to recognise her as a woman by failing to change her names in their records and on the certificate.

She said Knec’s move to deny her an amended certificate was unreasonable and unjustified, adding that it was a breach of the rules of natural justice.

Audrey was born male and says that she was diagnosed with a gender identity disorder seven years after completing her studies at Kiambu High School, where he scored an A minus.

The exams agency, however, was opposed to issuing an amended certificate, citing that it only prints one certificate per candidate.

Knec Chief Executive Paul Wasanga told the court the exams body does not originate any information on candidates but rather compiles information on a candidate that has been provided in various education centres.

Knec was also cautious about issuing the certificate, stating it was not clear whether the transition from male to female had been achieved or was even legal.

“The medical report does not indicate what the treatment is meant to achieve and is deliberately vague and confusing,” the court heard.

But Audrey argued that Knec ought to accept her condition and regard her as a woman as the Higher Education Loans Board and Immigration ministry had.

Korir noted that every human being is entitled to human dignity and this can be violated through humiliation, degradation or dehumanisation. He noted the law does not require the gender mark on the certificate.

 

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