By an amended Notice of Motion dated 23rd January, 2014, the ex parte applicant herein,
Transgender Education and Advocacy, which describes itself as a Non-Governmental
Organisation seeks substantially an order of mandamus to compel the 1st Respondent to carry
out its statutory mandate by registering the Applicant as a non-Government Organization. It also
seeks an order for costs.
In these judicial review proceedings Audrey Mbugua Ithibu is the ex-parte Applicant. The ex-parte
Applicant will henceforth be referred to as the Applicant. Kenya National Examinations Council (KNEC)
is the 1st Respondent whereas the Attorney General of the Republic of Kenya is the 2nd Respondent.
For completeness of the record it is noted that in the course of these proceedings an organization called
the Kenya Christian Lawyers Fellowship sought to be enjoined as an interested party but later withdrew
its application through a notice dated 15th November, 2013.
An order of mandamus to compel the Respondents to carry out their statutory mandate by
developing and implementing National Guidelines for the Management of Gender Identity
Disorders.Costs of to the application be provided for.Such further and other reliefs that the Honourable court may deem just and expedient to grant.
The petitioner has filed this petition alleging violation of his constitutional rights to dignity, privacy
and freedom from torture and degrading treatment in violation of his rights under Articles 28, 29(f)
and 31 of the Constitution. He alleges that these violations occurred when he was arrested and
stripped naked in public by police officers attached to the Thika and Makongeni Police Stations in
Thika Town, Kiambu county.