Court to rule on bench to hear a petition challenging FGM ban

Dr Tatu Kamau wants the court to declare as unconstitutional an Act that outlawed Female Genital Mutilation. (Courtesy)

By Kevin Kyalo

MACHAKOS—A court is on Thursday set to determine whether a three-judge bench will hear a case in which a a petitioner seeks to have FGM legalized.

The Petitioner Dr Tatu Kamau, who has been practicing medicine for 26 years, wants the court to declare as unconstitutional an Act that outlawed Female Genital Mutilation.

He wants Chief Justice David Maraga to assign three judges to the case as it has attracted a wide public interest.

On Monday, Justice David Kemei said all parties had filed their submissions and he will have to go through the documents before ruling.

“I was just perusing the submissions by the 10th interested party and I noted he is very much interested in the three-judge bench. He has even asked to have a Kadhi included,” he said.

Dr Kamau argues that stopping women from undergoing the cut yet men are allowed to get circumcised is discriminatory.

“Every citizen has a right to equality and freedom from discrimination but the said Act shows open intolerance to women who wish to undergo female circumcision even for the purpose of upholding their culture. They are treated unequally to the men who undergo similar surgical procedure,” she said

Civil society, individuals and clerics have opposed the petition. They have said the practice is backward and harmful.

The case has attracted nine interested parties who want the case dismissed.

They include Equality Now, Amref Health Africa and Federation of Women Lawyers, the Centre for Rights Education and Awareness Africa, Katiba Institute, the Office of the Director of Public Prosecutions, Samburu Girls Foundation, Msichana Empowerment and Kenya Women Parliamentary Association.

John Arap Koech, the 10th interested party  supports the petition.

The petitioners view is that women can equally undergo the adulthood initiation process safely if the females get proper training, just as the traditional male counterparts.