A case filed by a senior medical doctor challenging the constitutionality of ban on female genital mutilation (FGM) in the country could be headed to the Chief Justice after a High Court judge cited the need for expanded jurisdiction.
Justice David Kemei, who is hearing the petition filed by Tatu Kamau, said he will write to the Chief Justice who will in turn constitute an even bench to hear the controversial case that has sparked wild public outcry.
“This is a case which raises fundamental constitutional issues for determination, and has subsequently generated immense public interest and so I will seek to refer it to the CJ in order to have an even bench to hear and determine the matter,” Justice Kemei said.
Kamau, who in her petition listed the Attorney General, Anti FGM Board, and the director of public prosecution (DPP) as first, second and third respondents respectively argues that the Act outlawing female cut in the country breaches the right to freedom of choice, and is tantamount to entrenchment of western culture.
She further argues the enactment of FGM Act (2011) denies women to practice their respective culture, Kamau was unrepresented.
At a session in Machakos High Court, a total of nine organizations who were admitted as interested parties in the case were granted 21 days to file their respective responses to the petition.
Some of the key organizations which sought to be enjoined in the case include the Federation of Women Lawyers in Kenya (FIDA), Kenya Women Parliamentary Association, National Gender and Equality Commission and Katiba Sasa.
The court directed all counsel for parties in the case to exchange their respective pleadings electronically and come up with agreed issues for determination by April 19th when the case comes up for mention.
Outside the courtroom, a group of activists opposed to the petition under the banner of Masai Cricket Warriors displayed placards in support of the existing FGM Act.
“Doctors, show solidarity with women and girls. Take a stand against FGM. Don’t touch FGM law,” read one of the placards.
Whereby Representatives from Legal Counsel Equality Now an interested party in the case cited that if FGM is allowed affected ladies will have problems during birth
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