By Winnie Kamau
Kenya is set to make precedence in a case seeking to legalize the Female Genital Mutilation (FGM) law that came to force under the FGM Act, 2011.
The lawsuit was lodged by Medical Doctor, Dr. Tatu Kamau who is challenging the FGM Law saying it is against the culture of many Africa communities. Dr. Kamau seeks to have adults be allowed to make choices regarding their bodies without being restricted by the law.
The case was before Justice David Kemei of Machakos Law Court who sought Chief Justice David Maraga to constitute a 3 Judge Bench to hear the case due to public interest and gravity of FGM.
Speaking to the Nation Media during the filing the case, Dr. Kamau said the outlawing of female circumcision was against the culture of many African communities and should be reviewed.
Adding that adults should be allowed to make choices regarding their bodies without being restricted by legislation “Much as we want to protect the girl, there are many women who have been harassed and jailed in the last three years. Once you reach adulthood there is no reason why you should not make that decision,” she said.
Dr. Kamau, who is not represented by a lawyer, added “The term FGM is a “misnomer” as Westerners, who coined it, are now practicing it, only that they now refer to it as “female genital surgery”.
The case has been opposed by community elders from Narok who have vowed to protect the law and called for the upholding of the prohibition of FGM Act, 2011. The elders were led by Agnes Pareyio of Tasaru Girls’ rescue center (TGRC) in Narok. The center is said to be a safe haven where girls rescued or running away from FGM and Child Marriages.
Speaking to Talk Africa, Agnes defended her firm stand saying “So the law should be there to protect those that are being forced to be cut, nobody willingly wants to undergo FGM. The community forces you, you are abused and sidelined.”
One of the Survivors of FGM at the court premises also defended the law saying “I am an FGM survivor I was rescued when I was nine years old and through the FGM law and children rights I was rescued and taken to school by Agnes of Tasaru rescue centre in Narok and I have been able to complete my degree in Law at the University of Nairobi, I am calling on the government not to change the law.”
Speaking to the press Sofia Leteipan, the Legal Counsel for Equality Now noted with concern the violation of Women rights saying “We are here because we believe Female Genital Mutilation is a violation of Women and girls’ rights. It is a harmful practice we have to completely fight any efforts to make it legal. FGM has no health benefits, only harm.”
The case will be mentioned on the 19th of April 2018.
