Justice David Kimei of Machakos high court has referred the case seeking to legalize FGM in Kenya to the chief justice constitution of three-judge bench to hear and determine the matter.
A ruling on a case seeking to legalize FGM in Kenya is expected to be made today Thursday 14th 2018, to determine whether the case that is challenging the constitutionality of Kenya’s prohibiting of FGM act 2o11, will be forwarded to the chief justice David Maraga for direction on the constitution of a three-judge bench.
According to Justice David Kimei of Machakos high court, he is seeking advice due to the nature of the case which is of great public interest. Kemei says the issues raised into the petition goes beyond an individual hence members of the society at large need to be involved.
Justice Kemei is expected to give the ruling where he will give directions on whether the case will be heard by a three-judge bench and whether the court will sit in Nairobi or Machakos.
The lawsuit was lodged by doctor Tatu Kamau who is challenging the FGM law saying it is against the culture of many African communities. Dr. Kamau seeks to have adults be allowed to make choices regarding their bodies without being restricted by the law.