(e)
The custom and practice of Female Genital Mutilation as aforesaid is carried out on
girls and women in the open where the public spectate, without due regard to the privacy
of the victim, thus invading the victim’s right to privacy guaranteed under article 27(2) of
the Constitution;
(f)
The custom and practice of Female Genital Mutilation has no medical and social
advantages, it is not justifiable in a free and democratic society and is inconsistent with
the aforesaid constitutional provisions and thus should be declared void in accordance
with Article 2(2).”(sic)
The petition is supported by five affidavits sworn by the following witnesses:
1)
Gertrude Chelangat Kulany a female from Kapchorwa District.
2)
Kayonga Francis a male Member of Parliament for Upe County, Nakapriripirit District.
3)
Sabila Herbert a male Member of Parliament for Tingey County, Kapchorwa District.
4)
Beatrice Chellangat, a female adult from Kapchorwa District.
5)
Chris Baryomunsi, a professional medical practitioner.
The evidence deponed by these witnesses is almost similar. I herebelow reproduce the affidavit of Mrs Gertrude
Chelangat Kulany which contains the whole of the evidence deponed to by all other witnesses:“AFFIDAVIT IN SUPPORT OF PETITION.
I, Gertrude Chelangat Kulany a female adult Ugandan of sound mind of P O Box 10549,
Kampala for purposes of this petition, do solemnly swear and state as follows:1.
THAT I am born and bred in Kapchorwa District located in the Eastern part
of Uganda where I know that the Sabiny, Pokot and Tepeth among other people,
practice the custom of Female Genital Mutilation.
2.
THAT I have been involved in community activities, including research into
the practice of Female Genital Mutilation and I have therefore a wealth of
knowledge about its practical and potential adverse effects to girls and women on
whom it is practiced.
3.
THAT I know that Female Genital Mutilation is carried out crudely and
without anaesthesia which makes victims suffer excruciating pain, excessive
bleeding which may lead to death, leaves many such victims traumatized, and in
some cases maimed for life.
4.
THAT the practice is carried out crudely by female traditional so called
“surgeons” who cut girls’ and women’s genitalia wantonly and often times causes
their victims urinary incontinence, (the failure to contain urine), which results in
the continued urinary odour thus rendering such victim a social outcast.