Knec to pay student Sh2m in name change case

In the past four years, Mr Wesley Mdawida Charo has been unable to graduate or get a job, because the name on his primary and secondary school certificates does not match that on his other government-issued documents.

Mr Charo abandoned his old name, David Wesley Mnyika Mwanyia while pursuing a diploma in business management at the University of Nairobi, and the change was made public in a gazette notice published on January 21, 2015.

After the gazette notice, Mr Charo was able to effect the name change on his national identity card, driver’s licence, passport, voters’ card, National Hospital Insurance Fund and National Social Security Fund cards.

However, the Kenya National Examinations Council, refused to issue Mr Charo with new certificates for his primary and secondary education completion.

The exams council argued that there is no framework that allows it to change names on certificates that have already been issued.

Knec’s stand came despite several orders from the High Court and Court of Appeal in other cases filed by individuals seeking to change their names on certificates, and legal advice from the Attorney General that it is allowed to amend the exam documents.

Court orders

Last Friday, Mr Charo became an overnight millionaire after Justice Anthony Mrima ruled that Knec was not only wrong in refusing the name change, but that the exams agency had become a threat to constitutionalism and the rule of law by going against several court orders.

Justice Mrima awarded Mr Charo Sh2 million, aside from ordering Knec to effect the name changes in Mr Charo’s KCPE and KCSE certificates.

To Justice Mrima, Knec’s stand that there are no rules to guide name changes was akin to flogging a dead horse, as the issue had been settled in several constitutional petitions before court, and with legal advice from the Attorney General.

“It is on record that Knec had previously been decreed by courts, including the Court of Appeal, not to infringe human rights and fundamental freedoms on the basis of lack of policy framework. Despite such clear orders, Knec remained adamant and in fact vehemently opposed the petition herein based on the same ground.”

Exemplary damages

“Knec, therefore, showed open disregard to the decisions of the High Court and the Court of Appeal. Such conduct is a serious threat to constitutionalism and the rule of law for it contravenes Article 10(2)(a) of the Constitution. That is a basis for an award of exemplary damages,” Justice Mrima said.

Aside from the award and issuing Mr Charo new certificates, Knec will pay all legal bills incurred by the university student in pursuing the case.

However, Mr Charo will have to bear the Commission on Administration of Justice’s (Ombudsman) legal bills for wrongly suing the office.

Mr Charo wanted the Ombudsman’s office ordered to pay damages for failing to act on Knec’s refusal.

Justice Mrima found that the Ombudsman had taken several steps, including meetings with Knec and other government agencies, to try and assist Mr Charo.

Mr Charo filed a complaint with the Ombudsman in 2018 but withdrew it before a solution could be found.

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