Family in court over circumcision

Case could heighten war against female circumcision

By Muliro Telewa in Nairobi

Two sisters in Kenya's Rift Valley province have taken their father to court to challenge his traditional right to force them to undergo female genital mutilation (FGM).

The high school students, Ednah Chebet Kandie, 17, and Beatrice Jepkosgei Kandie, 15, on Thursday convinced the magistrate, Daniel Ochenja to order their father, Pius Kandie, to stop the planned circumcisions on 9 December.

The defendant and other traditionalists have embarked on a scheme to forcibly circumcise the plaintiffs

Girls' lawyer Ken Wafula

The court ruled that the girls' case be heard with both parties present on 12 December.

The girls' lawyer, Ken Wafula, termed the case historic saying it would encourage other girls in the province, who are forced into circumcision, to make a stand against the practice.

Mr Wafula told the BBC that the two sisters considered the practice outdated and repugnant to justice and morality in the 21st century.

"Traditional Jingoists"

Mr Wafula who is also the executive director of the Centre for Human Rights and Democracy told the court that Mr Kandie was planning a circumcision ceremony for the minors without their consent.

FGM is common among Kalenjin people in Kenya

"The defendant and other traditionalists have embarked on a scheme to forcibly circumcise the plaintiffs, their objection notwithstanding."

The magistrate ordered Mr Kandie to continue paying school fees for his daughters - who are still living with him - as they await the outcome of the case.

The human rights group says girls from the Kalenjin tribe are normally subject to circumcision and immediately forced into sexual activities or marriage.

This, says Mr Wafula, disrupts their academic growth, exposes them to unwanted pregnancies and the deadly disease, Aids.

Mr Wafula said he hoped the girls would not be prevailed upon by their parents or community to withdraw the case before it is heard.