November 16, 2017

Summary

The transgender women had in 2015 moved to court to have the state compelled to change the names in their national identity cards in order to reflect their new names.

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Government to Pay Five Trans-Gender Women Sh30 Million

Justice George Odunga has ordered the Principal Registrar of Persons to pay Sh30 million in litigation costs to five trans-gender women for denying them a name change to reflect their new gender.

The five, namely Audrey Mbugua Ithibu formerly Andrew Mbugua Ithibu, Maurine Muya formerly Maurice Muia, Alesandra Awino Ogeto, Maria Marius Mbugua and Dalziel Leone Wafula were seeking an order against the Principal Registrar of Persons as directed by the court to shoulder the cost of the litigation which was concluded 2015.

“Inaction to carry out a statutory mandate is contrary to the Constitution and in no way amounts to fair administrative action,” said Justice Odunga.

The transgender women had in 2015 moved to court to have the state compelled to change the names in their national identity cards in order to reflect their new names.

Audrey Mbugua, in particular, rose to fame in 2013 after publicly denouncing “her” masculine gender in favour of a feminine one.

In 2014 she won another case against the Kenya National Examination Council (KNEC) whereas she had moved to court to have the national examiner compelled to issue her with new certificates bearing her new names and gender.

The transgender woman also won a similar case the same year after the High Court ordered the Non-Governmental Organisations (NGOs) Council to register her lobby group.

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