Petition challenging validity of Kenya’s Anti-FGM Act resumes

The Initiative for Strategic Litigation in Africa (ISLA) and Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN) will Friday return to court as joint amicus curiae in the case where Dr Tatu Kamau, as the Petitioner, is challenging the constitutional validity of the Prohibition of Female Genital Mutilation Act, simply known as the Anti-FGM Act.

Last year October, Dr Kamau filed a petition seeking a declaration from the court that the Anti-FGM Act is unconstitutional for being in violation of adult consenting women’s right to culture, health and equality. However,

In a statement Thursday, KELIN says the ISLA and KELIN’s amici curiae submission demonstrates that in enacting the Anti-FGM Act, Kenya has acted in line with the International standards requiring it to enact gender sensitive legislation to prevent, protect against and respond to FGM.

“This case resumes in court at a time when it’s particularly important that the negative impact of this practice remain in the public discourse. The case is approaching the end with parties’ counsel due to make final oral submissions before the Court tomorrow. The parties have filed their final written submissions in the matter and will use the limited time allocated by the Court to highlight sections of these written submissions.” Said the statement.

“The question of consent by an adult woman to undergo the cut shouldn’t come into play. The reality for majority of the girls and women who are cut is one where they face insurmountable social and cultural pressure to undergo the cut,” says Matilda Lasseko, ISLA’s Violence Against Women Lawyer.

“By enacting the Anti-FGM Act, the State has acted in compliance with its duty to protect, prevent and respond to FGM as a form of violence against women and girls and eliminate a cultural practice universally recognized as being harmful.” Added Matilda.

They added that at a time when the country has implemented several restrictions
in response to COVID-19, girls are more marginalised and vulnerable to undergoing female genital mutilation (FGM) as these restrictions to prevent transmission have also interrupted the various programmes to prevent FGM through community interventions.