Prohibition of Female Genital Mutilation Act

This Act may be cited as the Prohibition of Female Genital Mutilation Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 62B
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Prohibition of Female Genital Mutilation Act. Defines "clitoridectomy" as the partial or total removal of the clitoris or the prepuce. The Board may appoint officers, agents and other staff as necessary and on terms it determines. The Board must nominate a member to authenticate the Board's seal when either the chairperson or the Chief Executive Officer is absent for a particular matter. Board members, officers, staff and agents are not personally liable for acts done bona fide in executing Board functions; the Board must pay expenses a person incurs in suits for acts done under the Board's direction if a court finds they were done bona fide, unless recovered in that suit.

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Provisions of Prohibition of Female Genital Mutilation Act

Showing 29 of 29

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title.
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This Act may be cited as the Prohibition of Female Genital Mutilation Act.

Section 1. Short title. Section This Act may be cited as the Prohibition of Female Genital Mutilation Act.
2
PRELIMINARY - 2. Interpretation.
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Defines "clitoridectomy" as the partial or total removal of the clitoris or the prepuce.

Section 2. Interpretation. Section clitoridectomy, which is the partial or total removal of the clitoris or the prepuce;

Part II

THE ANTI-FEMALE GENITAL MUTILATION BOARD

10
THE ANTI-FEMALE GENITAL MUTILATION BOARD - 10. Staff.
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The Board may appoint officers, agents and other staff as necessary and on terms it determines.

Section 10. Staff. Section The Board may appoint such officers, agents and other staff as are necessary for the proper and efficient discharge of the functions of the Board under this Act, upon such terms and conditions of service as the Board may determine.
11
THE ANTI-FEMALE GENITAL MUTILATION BOARD - 11. The common seal of the Board.
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The Board must nominate a member to authenticate the Board's seal when either the chairperson or the Chief Executive Officer is absent for a particular matter.

Section 11. The common seal of the Board. Section 11(1) The common seal of the Board shall be kept in the custody of the Chief Executive Officer or of such other person as the Board may direct, and shall not be used except upon the order of the Board. Section 11(2) The common seal of the Board, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given. Section 11(3) The common seal of the Board shall be authenticated by the signature of the chairperson of the Board and the Chief Executive Officer. Section 11(4) The Board shall, in the absence of either the chairperson or the Chief Executive Officer, in any particular matter, nominate one member of the Board to authenticate the seal of the Board on behalf of either the chairperson or the Chief Executive Officer.
12
THE ANTI-FEMALE GENITAL MUTILATION BOARD - 12. Protection from personal liability.
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Board members, officers, staff and agents are not personally liable for acts done bona fide in executing Board functions; the Board must pay expenses a person incurs in suits for acts done under the Board's direction if a court finds they were done bona fide, unless recovered in that suit.

Section 12. Protection from personal liability. Section 12(1) No matter or thing done by a member of the Board or by any officer, member of staff, or agent of the Board shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Board under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. Section 12(2) Any expenses incurred by any person in any suit or prosecution brought against him in any court, in respect of any act which is done or purported to be done by him under the direction of the Board, shall, if the court holds that such act was done bona fide , be paid out of the general funds of the Board, unless such expenses are recovered by him in such suit or prosecution.
13
THE ANTI-FEMALE GENITAL MUTILATION BOARD - 13. Liability for damages.
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The Board remains liable to pay compensation or damages to any person for injury caused by powers exercised under this Act or other written law, or by partial or total failure of works.

Section 13. Liability for damages. Section The provisions of section 12 shall not relieve the Board of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially, of any works.
3
THE ANTI-FEMALE GENITAL MUTILATION BOARD - 3. Establishment of the Board.
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A board called the Anti-Female Genital Mutilation Board is established and is given corporate-type powers such as suing and being sued, holding and disposing of property, borrowing and investing, entering into contracts, and performing acts necessary for its functions.

Section 3. Establishment of the Board. Section 3(1) There is established a board to be known as the Anti-Female Genital Mutilation Board. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing money or making investments; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.
4
THE ANTI-FEMALE GENITAL MUTILATION BOARD - 4. Composition of the Board.
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Lists who composes the Board (chairperson appointed by the President; specified Principal Secretaries or their written representatives; three members appointed by the Cabinet Secretary; and the Chief Executive Officer) and requires non-ex officio members to serve a single six-year term with no re-appointment.

Section 4. Composition of the Board. Section 4(1)(a) a chairperson appointed by the President; Section 4(1)(b) the Principal Secretary of the Ministry for the time being responsible for matters relating to gender or a representative duly appointed in writing; Section 4(1)(c) the Principal Secretary of the Ministry for the time being responsible for matters relating to finance or a representative duly appointed in writing; Section 4(1)(d) the Principal Secretary of the Ministry for the time being responsible for matters relating to health or a representative duly appointed in writing; Section 4(1)(e) the Principal Secretary of the Ministry for the time being responsible for matters relating to education or a representative duly appointed in writing; Section 4(1)(f) the Principal Secretary of the Ministry for the time being responsible for matters relating to youth affairs or a representative duly appointed in writing; Section 4(1)(g) three other members appointed by the Cabinet Secretary; and Section 4(1)(h) the Chief Executive Officer. Section 4(2) A person appointed as a member of the Board under this Act, other than an ex officio member, shall serve for a single term of six years and shall not be eligible for re-appointment.
5
THE ANTI-FEMALE GENITAL MUTILATION BOARD - 5. Functions of the Board.
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The Board must design, supervise and co-ordinate public awareness programmes against the practice of female genital mutilation.

Section 5. Functions of the Board. Section design, supervise and co-ordinate public awareness programmes against the practice of female genital mutilation;
6
THE ANTI-FEMALE GENITAL MUTILATION BOARD - 6. Powers of the Board.
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The Board has the power to enter into contracts.

Section 6. Powers of the Board. Section enter into contracts;
7
THE ANTI-FEMALE GENITAL MUTILATION BOARD - 7. Conduct of business and affairs of the Board.
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The Board may regulate its own procedure, except as provided in the Schedule.

Section 7. Conduct of business and affairs of the Board. Section 7(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. Section 7(2) Except as provided in the Schedule, the Board may regulate its own procedure.
8
THE ANTI-FEMALE GENITAL MUTILATION BOARD - 8. Delegation by the Board.
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The Board may, by resolution, delegate its powers or duties to committees or to members, officers, employees or agents of the Board.

Section 8. Delegation by the Board. Section The Board may, by resolution either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.
9
THE ANTI-FEMALE GENITAL MUTILATION BOARD - 9. Chief Executive Officer.
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The Board appoints a Chief Executive Officer who serves up to five years (eligible for re-appointment), is an ex officio non‑voting member, and is responsible for day-to-day management, direction of affairs (in consultation with the Board) and acts as secretary, subject to the Board's direction.

Section 9. Chief Executive Officer. Section 9(1) There shall be a Chief Executive of the Board who shall be appointed by the Board. Section 9(2) The Chief Executive Officer shall hold office for a period of not more than five years, on such terms and conditions of employment as the Board may determine, and shall be eligible for re-appointment. Section 9(3) The Chief Executive Officer shall be an ex officio member of the Board but shall have no right to vote at any meeting of the Board. Section 9(4)(a) subject to the direction of the Board, be responsible for the day to day management of the Board; Section 9(4)(b) in consultation with the Board, be responsible for the direction of the affairs and transactions of the Board, the exercise, discharge and performance of its objectives, functions and duties, and the general administration of the Board; and Section 9(4)(c) be the secretary of the Board.

Part III

FINANCIAL PROVISIONS

14
FINANCIAL PROVISIONS - 14. Funds of the Board.
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The Board is entitled to receive such gifts as may be given to the Board.

Section 14. Funds of the Board. Section such gifts as may be given to the Board; and
15
FINANCIAL PROVISIONS - 15. Financial year.
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The financial year of the Board shall be the period of twelve months ending on the thirtieth June in each year.

Section 15. Financial year. Section The financial year of the Board shall be the period of twelve months ending on the thirtieth June in each year.
16
FINANCIAL PROVISIONS - 16. Annual estimates.
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The Board must prepare annual revenue and expenditure estimates at least three months before each financial year and may create reserve funds the Board deems appropriate.

Section 16. Annual estimates. Section 16(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Board for that year. Section 16(2)(a) payment of the salaries, allowances and other charges in respect of members and staff of the Board; Section 16(2)(b) payment of pensions, gratuities and other charges in respect of members and staff of the Board; Section 16(2)(c) proper maintenance of the buildings and grounds of the Board; Section 16(2)(d) maintenance, repair and replacement of the equipment and other property of the Board; and Section 16(2)(e) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. Section 16(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval. Section 16(4) No expenditure shall be incurred for the purposes of the Board except in accordance with the annual estimates approved under subsection (3), or in pursuance of an authorization of the Board given with prior written approval of the Cabinet Secretary.
17
FINANCIAL PROVISIONS - 17. Accounts and audit.
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The Board must keep proper books and records of accounts, prepare an annual income and expenditure statement and balance sheet, and have its accounts audited under the Public Audit Act.

Section 17. Accounts and audit. Section 17(1) The Board shall cause to be kept proper books and records of accounts of the income, expenditure and assets of the Board. Section 17(2)(a) a statement of the income and expenditure of the Board during that year; and Section 17(2)(b) a balance sheet of the Board on the last day of that year. Section 17(3) The accounts of the Board shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).
18
FINANCIAL PROVISIONS - 18. Investment of funds.
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The Board may invest its funds in trustee-eligible securities or other securities/banks approved by the National Treasury, and may deposit funds not immediately required with banks it chooses.

Section 18. Investment of funds. Section 18(1) The Board may invest any of its funds in securities in which for the time being trustees may by law invest trust funds, or in any other securities or banks which the National Treasury may, from time to time, approve for that purpose. Section 18(2) The Board may place on deposit, with such bank or banks as it may determine, any moneys not immediately required for the purpose of the Board.

Part IV

OFFENCES

19
OFFENCES - 19. Offence of female genital mutilation.
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Performing female genital mutilation on another person is an offence; certain surgical operations (for health or related to labour) are not offences; causing death in committing the offence attracts life imprisonment.

Section 19. Offence of female genital mutilation. Section 19(1) 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. Section 19(2) If in the process of committing an offence under subsection (1) a person causes the death of another, that person shall, on conviction, be liable to imprisonment for life. Section 19(3)(a) a surgical operation on another person which is necessary for that other person’s physical or mental health; or Section 19(3)(b) a surgical operation on another person who is in any stage of labour or has just given birth, for purposes connected with the labour or birth. Section 19(4)(a) in relation to an operation falling within paragraph (a) of subsection (3), a medical practitioner; Section 19(4)(b) in relation to an operation falling within paragraph (b) of subsection (3), a medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming a medical practitioner or midwife. Section 19(5) In determining, for purposes of subsection (3)(a), whether or not any surgical procedure is performed on any person for the benefit of that person’s physical or mental health, a person’s culture, religion or other custom or practice shall be of no effect. Section 19(6) It is no defence 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.
20
OFFENCES - 20. Aiding and abetting female genital mutilation.
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A person must not aid and abet female genital mutilation or assist a person to commit an offence under section 19.

Section 20. Aiding and abetting female genital mutilation. Section a person to commit an offence under section 19 ; or
21
OFFENCES - 21. Procuring a person to perform female genital mutilation in another country.
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A person must not take someone from Kenya to another country, or arrange to bring someone into Kenya from another country, with the intention that the person undergoes female genital mutilation.

Section 21. Procuring a person to perform female genital mutilation in another country. Section 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.
22
OFFENCES - 22. Use of premises to perform female genital mutilation.
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It is an offence for a person who knowingly allows premises they control or are responsible for to be used for performing female genital mutilation.

Section 22. Use of premises to perform female genital mutilation. Section 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.
23
OFFENCES - 23. Possession of tools or equipment.
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It is an offence for a person to be found in possession of a tool or equipment for a purpose connected with performing female genital mutilation.

Section 23. Possession of tools or equipment. Section 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.
24
OFFENCES - 24. Failure to report commission of offence.
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A person who is aware that female genital mutilation has been, is being, or will be committed must report it to a law enforcement officer or commits an offence.

Section 24. Failure to report commission of offence. Section 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.
25
OFFENCES - 25. Use of derogatory or abusive language.
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Anyone who uses derogatory or abusive language intended to ridicule or harm a woman for not having undergone female genital mutilation, or a man for supporting such a woman, is prohibited and commits an offence punishable by at least six months' imprisonment, a fine of at least fifty thousand shillings, or both.

Section 25. Use of derogatory or abusive language. Section 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 and shall be liable, upon conviction, to imprisonment for a term not less than six months, or to a fine of not less than fifty thousand shillings, or both.

Part V

MISCELLANEOUS

26
MISCELLANEOUS - 26. Entry into premises.
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A law enforcement officer may enter any premises without a warrant to check for contraventions of the Act.

Section 26. Entry into premises. Section 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.
27
MISCELLANEOUS - 27. Measures by Government.
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Government must protect women and girls from female genital mutilation.

Section 27. Measures by Government. Section protect women and girls from female genital mutilation;
28
MISCELLANEOUS - 28. Extra-territorial jurisdiction.
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Kenyan citizens or permanent residents who commit abroad an act that would be an offence under section 19 if done in Kenya are guilty under this Act; a person cannot be convicted under subsection (1) if they have already been acquitted or convicted in the country where the offence occurred.

Section 28. Extra-territorial jurisdiction. Section 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. Section 28(2) A person may not be convicted of an offence contemplated in subsection (1) if such a person has been acquitted or convicted in the country where that offence was committed.
29
MISCELLANEOUS - 29. Penalty for offences.
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A person who commits an offence under this Act is, on conviction, liable to at least three years' imprisonment, or a fine of at least two hundred thousand shillings, or both.

Section 29. Penalty for offences. Section A person who commits an offence under this Act is liable, on conviction, to imprisonment for a term of not less than three years, or to a fine of not less than two hundred thousand shillings, or both.

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