KELIN and ISLA enjoined in a case seeking to Legalise Female Genital Mutilation

The High Court in Machakos has allowed KELIN and Initiative for Strategic Litigation in Africa (ISLA) to be joined as joint Amicus Curiae in the case seeking to legalise female genital mutilation (FGM).  Petition 8 of 2017 was filed on 25 July 2017 by Dr Tatu Kamau. It seeks to allow adult women to practice FGM in accordance to their cultural right as provided for under the Constitution.

KELIN and ISLA will jointly make submissions seeking to provide guidance to the court on important issues such as:

  • The right to health especially the correlation between FGM, HIV & AIDS.
  • How FGM violates the sexual and reproductive health rights of women.
  • Female genital mutilation is a harmful cultural practice as it is a form of violence against women.
  • Comparative jurisprudence from other constitutional democracies on FGM as harmful cultural practice that violates women’s rights.

Equality Now, FIDA Kenya, National Commission on Gender and Equality, Msichana Empowerment-Kuria, Samburu Youth Empowerment and Kenya Women Parliamentarian Association have been admitted as Interested Parties while Katiba Institute has been joined as an Amicus Curiae.

Justice D. Kemei directed the Attorney General and the Interested Parties to respond to the Petition within 30 days. The case will now be mentioned on 26 February 2018 for directions on the hearing of the petition.

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

Additional Reference Documents

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;

Cell +254720467396;

Email: ckituku@kelinkenya.org