The petition against the Anti-FGM board which was filed at Machakos High Court by Dr. Tatu Kamau will now be heard by uneven judge bench of not less than three judges.
This is according to the judge who has been hearing this case Hon David Kemei, who today ruled that the petitioner has raised substantial questions of law, whether the petition is weighty, whether it affects the rights of the parties and whether it of general public importance or whether it generates high public interest.
“After careful consideration of the submissions made by the attorneys of the respondents and interested parties, I have concluded that this case has successfully fulfilled the requirement provided for in the law that requires the constitution of a bench of not less than three judges,” Kemei said.
According to Dr Kamau, who has invoked Articles 19, 27 and 32 of the Kenyan Constitution of 2010 as well as Sections 5, 19, 20 and 21 of the Prohibition of Female Genital Mutilation Act of 2011, a woman should be allowed to decide whether she wishes to engage in FGM or not, saying that the Anti FGM board contravenes her rights and others of like minds to enjoy such rights to culture.
The petition which has seen the enjoinment of 10 interested parties including two Amicus Curiae and one Kiplang’at Arap Koech who is in support of Dr. Kamau.
Hon Kemei will, therefore, forward the ruling to the Chief Justice who will then constitute the bench of judges to commence with the hearing of this petition.
“There is need to constitute uneven judge bench and I will, therefore, refer the matter to the Chief Justice who will constitute a bench of judges to continue with the hearing of the matters raised in this petition,” Kemei concluded.