On 14 June 2018, the High Court at Machakos will rule on whether the case seeking to legalize FGM shall be heard by more than one judge. Justice D. Kemei had directed the parties to file written submissions on the issue as to whether the case raises a substantive question of law that ought to be determined by an uneven number of judges.
All the parties in the case confirmed to the Court that they had filed their written submissions, which the court will to provide a decision. The Amicus Curiae – Katiba Institute, KELIN and ISLA – filed joint submissions on the issue of whether the case should be heard by more than one judge. To read the submissions, please click here. The parties also confirmed that they had filed their responses to the petition.
The case (Petition 8 of 2017) was filed on 25 July 2017 by Dr Tatu Kamau, seeking to allow adult women to practice FGM in accordance to their cultural right, which is provided for in the Constitution. KELIN and ISLA have filed a joint amicus brief on the historical context of FGM as a form of violence against women, and the positive obligation of state parties to enact laws against FGM.
To contribute to the discussion and for live updates follow KELIN on our social media platforms: Twitter: @KELINkenya and @ISLAfrica using hashtag #Don’tTouchFGMLaw and #EndFGM
Court Documents
- Amended petition
- KELIN/ISLA joint amicus curiae brief
For more information contact:
Carolene Kituku
Advocate and Human Rights Counsel
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road Tel +254202515790;
Email: ckituku@kelinkenya.org
