Kenya’s High Court issued a ruling compelling the Kenya National Examinations Council (KNEC) to issue Audrey Mbugua with a new certification with her new name and without a gender mark after she filed a case in March 2013 through the Transgender and Education Advocacy (TEA).
The Court observed that “Human dignity is that intangible element that makes a human being complete. It goes to the heart of human identity. Every human has a value. Human dignity can be violated through humiliation, degradation or dehumanisation. Each individual has inherent dignity which our Constitution protects. Human dignity is the cornerstone of the other human rights enshrined in the Constitution.” Further, the Court noted that “the law does not require that a gender mark be imposed on a KCSE certificate. A KCSE certificate can therefore be completed without a gender mark. 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 based on gender. Removal of the gender mark will therefore not dilute the quality of the certificate.”