This archive report was first published on 26 October 2019.
Published on October 26, 2019, the Kenyan Government and lobby groups have asked the High Court to dismiss a case filed by a doctor seeking to legalize female genital mutilation (FGM). The case, filed by Dr. Tatu Kamau, aims to challenge the anti-FGM law passed in 2011.
Attorney General and Director of Public Prosecution, along with the FGM Board, Centre for Rights Education and Awareness (CREAW), Amref Health Africa, and women MPs lobby KEWOPA, have joined forces to oppose the case. They argue that lifting the anti-FGM law would lead to more harm than good, particularly for children.
The court heard that children under the age of 18 are the primary targets of FGM, and that the practice would encourage early marriages. The judges also noted that minors have no free will to reject their parents' decision to subject them to FGM.
The Attorney General argued that the anti-FGM law is above board, having gone through all stages of legislation, including public participation. He urged the court to dismiss the case, stating that it is unmerited.
Kenya outlawed FGM in 2011, making it an offense to carry out the practice. The law also provides for punishment for those who help procure FGM or adult women who undergo the cut.
