Audrey Mbugua

Audrey Mbugua, who rose to fame last year after publicly denouncing her masculine gender in favour of a feminine one, has won a case in which she had moved to court to have the Kenya National Examination Council (KNEC) compelled to issue her with new certificates bearing her new names and gender.

Audrey wanted KNEC to issue her with new academic certificates bearing her new names, Audrey Mbugua, and not Andrew Mbugua as initially held.

Ruling in Audrey’s favour yesterday, Justice Weldon Korir said that Audrey’s case was without a doubt that of a woman trapped in a man’s body and he wouldn’t hesitate to make an order that would make her feel complete.

He gave KNEC 45 days to recall the certificate number 1855399 in the name of Ithibu Andrew Mbugua, bearing the initial [M] for the male gender and replace it with one bearing the name Audrey Mbugua but without a gender mark.

“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.

Audrey sat for her examinations in 2001 and earned a grade of A. She was issued a certificate bearing her birth name as listed above with the gender indicated as male.

TRANSGENDER RIGHTS

While suing KNEC, she had argued that her exam papers bore a different name from her current legal name which did not reflect her appearance. She had already changed the names by deed poll and published in newspapers.

“This is a violation of my rights and it rendered me unemployable,” Audrey had maintained.

Audrey was treated for her gender dysphoria at Mathare Mental Hospital and was diagnosed as being transsexual in 2008. She transitioned while in college, but is yet to undergo gender reassignment surgery.

Audrey was seeking to have her new names reflected on her national identity card and her passport but that is yet to be effected.

In a country that where homosexuality is considered immoral, Audrey’s case elicited a lot of ill reactions from the society who viewed her as this man who suddenly wanted to become a woman. Kenya Christian lawyer’s fellowship had objected Audrey’s case on grounds that the case was likely to pave the way for homosexuality and lesbianism. The lawyers had also asked Audrey Mbugua to provide medical evidence to back her demands for a sex change.