What is The Law Against FGM?

An overview of the international and regional treaties signed and ratified by Kenya can be found in Appendix I of this report. Kenya has a mixed legal system comprising English common law, Islamic law and customary law. The country has a quasi-federal structure with two distinct but interdependent tiers of government at national and county levels. The Constitution of Kenya (2010)1 assigns health policy and all criminal law to the national government. National law supersedes any laws made at the county level and also applies when there is no county legislation on a matter.2 Although the Constitution does not explicitly refer to FGM, Article 29(c) provides the right not to be ‘subjected to any form of violence’ or (f) ‘treated or punished in a cruel, inhuman or degrading manner’. Article 44(3) states that ‘a person shall not compel another person to perform, observe or undergo any cultural practice or rite’. In addition, Article 53(d) protects every child from ‘abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment . . .’ The Prohibition of Female Genital Mutilation Act, 2011 (FGM Act 2011),3 which came into effect on 4 October 2011, is the principal legislation governing FGM in Kenya. It is a federal act and criminalises all forms of FGM, regardless of the age or status of a girl or woman.

For more information on FGM in Kenya, visit https://www.28toomany.org/country/kenya/.