1. Performance of FGM by any medical personnel #

Articles 19-20 outlaw performance and medicalization of FGM in Kenya. Article 19 (1) of the Act provides that, “A person, including a person undergoing a course of training while under supervision by a medical practitioner or midwife with a view to becoming a medical practitioner or midwife, who performs female genital mutilation on another person commits an offence”.

Article 19 (6) provides that, “it is no defense to a charge under this section that the person on whom the act involving female genital mutilation was performed consented to that act, or that the person charged believed that such consent had been given”. Article (20) provides that, “A person who aids, abets, counsels or procures— (a) a person to commit an offence under section 19; or (b) another person to perform female genital mutilation on that other person, commits an offence”.

2. Cross-border FGM #

Article (21) provides that, “A person commits an offence if the person takes another person from Kenya to another country, or arranges for another person to be brought into Kenya from another country, with the intention of having that other person subjected to female genital mutilation”.

3. Allowing use of a place or premise for FGM #

Article (22) provides that, “A person who knowingly allows any premises, for which that person is in control of, or responsible for, to be used for purposes of performing female genital mutilation commits an offence”. Article (26) provides that, “A law enforcement officer may, without a warrant, enter any premises for the purposes of ascertaining whether there is or has been, on or in connection with such premises any contravention of this Act”.

4. Being in possession of tools or equipment used to perform FGM #

Article (23) provides that, “A person who is found in possession of a tool or equipment for a purpose connected with the performance of female genital mutilation, commits an offence”.

5. Failure to report the offence of FGM whether planned, ongoing or committed #

Article (24) provides that, “A person commits an offence if the person, being aware that an offence of female genital mutilation has been, is in the process of being, or intends to be, committed, fails to report accordingly to a law enforcement officer”.

6. Use of abusive language against people who have not undergone FGM #

Article (25) provides that, “Any person who uses derogatory or abusive language that is intended to ridicule, embarrass or otherwise harm a woman for having not undergone female genital mutilation, or a man for marrying or otherwise supporting a woman who has not undergone female genital mutilation, commits an offence….”

7. Performance of FGM outside Kenya’s borders by any persons who are Kenyan citizens or permanently residents in Kenya #

Article 28 (1) “A person who, while being a citizen of, or permanently residing in Kenya, commits an act outside Kenya which act would constitute an offence under section 19 had it been committed in Kenya, is guilty of such an offence under this Act”.