The Kenyan High Court issued a landmark ruling on March 20, declaring that Kenyan law does not expressly prohibit the alteration of sex or gender markers on official documents, in a decision expected to shape future policy and constitutional interpretation on identity rights.
In a judgment delivered on Tuesday, Justice Bahati Mwamuye found that the refusal by state agencies to amend the documents of transgender activist Audrey Mbugua Ithibu violated constitutional guarantees on equality, dignity, privacy, freedom of expression, and fair administrative action.
The court held that the denial to alter birth certificates, national identity cards, and passports exposed the petitioners to harassment, forced disclosure of private information, and difficulties in accessing essential services.
The petition was brought forward by prominent transgender activist Audrey Mbugua Ithibu (alongside other co-petitioners), who challenged the systematic refusal of state bureaus to process these changes.
The court agreed that completely blocking or refusing to consider these applications violates fundamental Bill of Rights guarantees, specifically naming equality, dignity, privacy, and fair administrative action.
The High Court ordered relevant state agencies to receive, consider, and determine Audrey Mbugua’s application within 60 days, establishing that administrative gaps or a lack of explicit policy cannot be used by the state to suspend a citizen’s constitutional rights.
