He also ordered the board to compensate Ms Audrey Mbugua, Ms Maureen Muia and Ms Annet Jennifer the cost of the three-year litigation.
The judge said the Constitution upheld the individuals’ rights to assembly and cannot be deterred on grounds of gender orientation.
When the matter came up before the judge on February 22 2017 a lawyer holding brief for Colbert Ojiambo reassured the judge that “the matter had been settled.”
“We got a call from the respondent that they have complied and we confirmed that indeed they have issued a registration certificate,” the lawyer said.
The judge then marked the case file as “settled.”
The board had initially argued that it could not recognise the group’s members since the names they had submitted for registration were not the ones reflecting their gender.
However, the judge overruled the argument stating that there was evidence that Ms Mbugua and her colleagues had indeed changed their names through a deed poll they annexed in the suit papers.
The judge said the premise of gender cannot be used to deny registration. (see certificate of registration below)
“A public authority cannot be allowed to get away with discriminatory actions that deny persons their rights of assembly which is a clear abuse of the power bestowed on such an authority,” the justice Odunga wrote.
He said the reasons advanced for refusing to register the advocacy group had no legal basis and were unreasonable.
Ms Audrey, formerly Andrew Ithibu Mbugua, has been battling for recognition as a transsexual.
She has also won a separate case in which she had the Kenya National Examinations Council (Knec)compelled to change the gender designation in her certificates on the grounds that the male identity has rendered her unemployable.