Dr Tatu Kamau v The Hon. Attorney General and the Anti-Female Genital Mutilation Board
Amicus curiae application in: Dr Tatu Kamau v The Hon. Attorney General and the Anti-Female Genital Mutilation Board Constitutional Petition No 8 of 2017 in the High Court of Kenya, Machakos
The petitioner in this case is challenging the constitutionality of the Prohibition of Female Genital Mutilation Act (FGM Act) in its entirety. She claims that the FGM Act prohibits the right of women to perform their culture and tradition. She argues that female genital mutilation (FGM) is a cultural practice that has been performed from time immemorial. That the FGM Act by condemning that tradition presents FGM as a dangerous and violent practice which is not the case. She argues that FGM is part of national heritage and history and legislature did not have reasons to prohibit it. She contends that the legislature by enacting the FMG Act violates the right of women from those communities that practice it to practice their culture as provided for under Article 44 of the Constitution of Kenya. For those reasons she seeks for the Act to be declared unconstitutional.
ISLA and KELIN prepared and filed a joint application to be joined as amicus curiae in the matter. We have filed a joint amicus brief that aims to create regional jurisprudence on:
- The content of the international law positive obligation on States to enact laws against FGM, a form of gender-based discrimination.
- FGM as a violation of the right to health.
Brief – to be updated
Application for Joinder – to be updated