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Kenya National Examinations Council v. Republic, Attorney General & AIM

(2019) JELR 100018 (CA)

Court of Appeal  •  Civil Appeal 355 of 2014  •  19 Jul 2019  •  Kenya

Philip Nyamu Waki, James Otieno Odek, Stephen Gatembu Kairu



1. AIM (A), the 3rd respondent, previously known as AMI was born and raised as a male. She was enrolled at Kiambu High School, an all-boys school, where, in November/December 2001 she sat for the Kenya Certificate of Secondary Education Examination (KCSE), an examination administered by the appellant, the Kenya National Examinations Council. She performed very well in that examination, and scored a mean grade A-. She was accordingly issued with the appellant’s Kenya Certificate of Secondary Education No. XX under the name by which she was enrolled, namely, IAM. As is the practice with the appellant, the certificate was inscribed with the mark, *M*, signifying the candidate’s gender as male.

2. Since October 2008, A has received medical treatment at Mathare Hospital for gender identity disorder and depression. Dr. Catherine Syengo Mutisya, the Deputy Medical Superintendent at that hospital stated in a letter dated 12th March, 2013 that A, to whom she referred as “sh…

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