Mbugua Ithibu v. Kenya National Examination Council (Kenya)
A man who changed her sex has sued the Kenya National Examination Council for a new examination certificates reflecting her new sex.
In a landmark case filed at the Milimani court, Audrey Mbugua Ithibu who was born Andrew Mbugua, says the fact that her Kenya Certificate of Secondary Education bears a different sexand name, she has been unable to get a job which was a violation of her rights.
Audrey wrote her KCSE exams as a man and was issued with her certificate in 2001. She was thereafter diagnosed with gender identity disorder. Gender identity disorder is the formal diagnosis used by psychologists and physicians to describe persons who experience significant gender dysphoria (discontent with the sex they were assigned at birth and/or the gender roles associated with that sex). It describes the symptoms related to transsexualism, as well as less extreme manifestations of gender dysphoria.
In her lawsuit, Audrey accuses the council of refusing to effect the change despite giving her hope that it will do same. She says the council’s refusal was tantamount to failing its statutory duty and was unfair and unjustified. The council’s refusal had also caused her to suffer distress and depression due to the daily stigma of being unable to secure employment.