Transgender activist Audrey Mbugua - formerly Andrew Mbugua - and four others have been awarded a highly contested name change by the High Court of Kenya.
The five transgender individuals had sued the Principal Registrar of Persons for having refused to issue them with National IDs that reflect their new identities in a suit that cost Sh30 Million.
While issuing his ruling, Justice George Odunga cited that the Registry had failed to carry out its mandate by denying the individuals the name change.
[caption caption="High Court Judge George Odunga"]
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"Inaction to carry out a statutory mandate is contrary to the Constitution and in no way amounts to fair administrative action," the Judge stated.
The Judge further explained that the Registrar should not have accepted the deed poll fee from the applicants if he had no intention to change the names.
Against pleas by Attorney General Githu Muigai, Judge Odunga ordered the government to bear the full costs of the litigation.
"The current cost as filed is exorbitant and exaggerated and humbly ask the taxing master to examine it and have the same taxed off," Prof. Muigai argued.
The petitioners' lawyer, however, asked the court to impart the charges on the government arguing that the case was among the first of it's kind.
"The issues raised were peculiar and novel to require detailed attention and skills. We urge the court to take judicial notice of the fact that this case is among the first cases touching on gender identity disorder in our courts," argued lawyer Colbert Ojiambo.
The lawyer further defended the quoted amount stating that receipts and filing fee sheets were available to justify the same.
Audrey Mbugua Ithibu, formerly Andrew Mbugua Ithibu, Maurine Muya formerly Maurice Muia, Alesandra Awino Ogeto, Maria Marius Mbugua and Dalziel Leone Wafula will now be issued with new ID cards bearing their chosen names.
[caption caption="Transgender activist Audrey Mbugua "]
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The case had been in court since 2015. So far, Ms Mbugua has been able to get court orders to register her NGO, Transgender Education and Advocacy (TEA) and to compel the Kenya National Examination Council (KNEC) to alter the names on her certificates.
