The petitioner, an intersex individual, brought suit alleging violations of constitutional rights.
The Court held that the petitioner had been subjected to inhuman and degrading treatment under the Constitution and Article 5 of the UDHR.
The High Court of Kenya in Nairobi issued a decision issuing an order compelling the Kenya National Examinations Council to change the name on and remove the existing gender designation from an academic certificate, as requested by a Kenyan transwoman,Audrey Mbugua Ithibu.
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 directed the government to collect data on intersex persons and develop guidelines for medical examinations and corrective surgery in accordance with internationally acceptable guidelines. Finally, it determined that it did not have the power to create a third “intersex” category on birth certificates, as this is a matter which should be addressed by legislation.
The High Court found that the Board did not give a “valid ground or explanation” justifying its refusal, and the Court compelled the Board to register TEA as an NGO. The Board claimed that the application was not processed because the names of some of the officials did not match the names listed on the application; this discrepancy existed because these officials were in the process of transitioning their gender.