7 August 2002
editorial
A sad story out of Kitale last weekend was about a man who bled to death after being forcibly circumcised.
Yes, it is circumcision season in parts of Western Province, and it is a period where those who have not undergone the ritual are at risk of being subjected to it against their will.
Samuel Simiyu was 26 and married with an 18-month-old child. Fellow touts at the Kitale bus stage, nevertheless, decided that he was not man enough.
They ended up killing him instead. They must be made to face the full force of the law.
The authorities often tend to turn a blind eye to such acts of violence as forced circumcision. But, whether or not they lead to death, it must be made very clear that every person has a right to decide whether or not to undergo customary rituals.
Those who so ardently believe in circumcision have absolutely no right to force another person into circumcision against his will. This applies irrespective of whether the person comes from a community that practises circumcision or not.
Forced circumcision might seem a minor, rather quaint, issue. But it is an issue that goes to the very core of our rights and obligations as Kenyans.
The Constitution has an equivalent of a Bill of Rights. Chapter 5 underlines protection of fundamental rights and freedoms of the individual. These include the right to life, liberty, security and protection of the law; the right to freedom of conscience, expression, assembly and association and the right to privacy.
The Constitution also protects the individual from being subjected to torture or to any cruel, inhuman or degrading treatment.
It protects the person from being subjected to forced circumcision. The penal code further sets out the punishment to be meted out to any person who subjects another to such treatment.
In the Kitale case, we are not talking merely about a random act of violence, but a well-planned conspiracy that ultimately, intended or not, led to an individual's death.
The authorities must act appropriately.
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