Justice George Odunga has awarded 5 Kenyans Ksh. 30 million in a case that the 5 had sued the Principal Registrar of persons for having refused to issue them with National IDs that reflect their new identities.
The 5 transgender individuals include; Audrey Mbugua formerly known as Andrew Mbugua, Maurine Muia was formerly known as Maurice Muia, Alesandra Awino Ogeto, Maria Mbugua and Dalziel Leone Wafula.
The 5 individuals will now be issued with new IDs bearing their chosen new names.
“Inaction to carry out a statutory mandate is contrary to the constitution and in no way amounts to fair administrative action” Justice Odunga stated.
While ruling against Former Attorney General Githu Muigai, Justice Odunga ordered the government to pay the full cost of the litigation.
He further stated that the registrar should not have accepted the deed poll fee from the applicants if he had no intentions to change their names.
Ms. Mbugua has so far been able to get court orders to register her NGO know as Transgender Education and Advocacy (TEA).
The court orders also gave an order to The Kenya National Examination Council (KNEC) will also alter the names of the 5 on their certificates.
“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 disorders in our courts” Lawyer Colbert Ojiambo argued the court to impart the charges on the on the government in the defense of his clients.
The case has been in court since 2015.
