Court admits more parties to the FGM case

On 26 February 2018, the High Court at Machakos mentioned the case seeking to legalize FGM in order to confirm parties had complied with the court orders issued on 18 January 2018 as to filing of responses as well taking directions on the hearing. The court had directed the parties to file their responses to the petition within 30 days.

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 as provided for in the Constitution.

The Attorney General, applied for more time to file the responses. Msichana Empowerment Kuria, Samburu Girls Foundation, Katiba Institute, KELIN and ISLA made similar applications. The court granted them twenty-one days within which to file the responses and submissions.

The Court admitted more parties to the proceedings. Center for Rights, Education and Awareness and Men for Equality of Men and Women were admitted as interested parties in support of the petition. Director of Public Prosecutions was also admitted as third Respondent.

Further, Justice D. Kemei directed parties to make submissions on whether the case should be referred to the Chief Justice to empanel an uneven number of judges to hear the case. A ruling to that effect shall be made on 19 April 2018, when the case shall be mentioned 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

  • Application to be enjoined as amicus
  • Amended petition

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