The Kenyan government is considering a new law that would increase penalties for individuals who fail to report cases of Female Genital Mutilation (FGM). The proposed Prohibition of Female Genital Mutilation (Amendment) Bill, 2026, sponsored by nominated Senator Catherine Mumma, aims to address the issue of FGM in the country. According to the Bill, individuals who knowingly fail to report FGM or remain at the scene as the practice is carried out could face up to three years in jail or a Sh200,000 fine.
The proposed law seeks to stop the prosecution of survivors of FGM for offences arising from their own mutilation. The Bill proposes to define an FGM victim as a person who "has undergone, or is undergoing, female genital mutilation performed on that person's own genitalia". This move is intended to prevent the criminalization of survivors of FGM, who are often prosecuted and convicted under the existing law.
Senator Mumma argues that the existing law has resulted in the "criminalisation of surviving the very practice the Act was enacted to eradicate" and the re-victimisation of people the law was intended to protect. The proposed amendments aim to address this issue and ensure that survivors are not punished for harm inflicted upon them. The Bill also recognizes that the changes would have implications for county governments, which have responsibilities in health services and cultural activities.
The proposed changes come against the backdrop of concerns raised by the courts over the existing reporting provisions. The 2016 High Court decision in KL v Republic recommended that Section 24 of the Act be reconsidered, describing it as "vague, difficult to apply to real varied situations" and an "unacceptable encroachment of civil freedom". The Bill seeks to replace the existing Section 24, which currently makes failure to report an offence where a person is aware that FGM has been committed, is being committed or is intended.
Under the current law, a person convicted of an offence under the Act faces imprisonment for a term of not less than three years, a fine of not less than Sh200,000, or both. The proposed amendments could alter how police and courts handle cases involving survivors, particularly where the person facing prosecution is also the victim of the mutilation. County health facilities and cultural officers are among the actors involved in implementing and enforcing the anti-FGM law.
The Bill says the proposed protections are not intended to weaken the fight against FGM but to ensure that survivors are not punished for harm inflicted upon them. The amendments proposed in this Bill, particularly the narrowed reporting obligations, non-criminalisation of victims and defences in proceedings, will have a direct bearing on how county governments discharge these devolved functions.
The proposed law is set to have significant implications for the fight against FGM in Kenya. If passed, it will provide greater protection for survivors of FGM and ensure that those who perpetrate the practice are held accountable. The law will also require county governments to play a more active role in implementing and enforcing the anti-FGM law.
Key points
- The proposed law seeks to impose harsher penalties for failing to report FGM cases.
- The law aims to prevent the criminalization of survivors of FGM.
- The proposed amendments have significant implications for county governments and the fight against FGM in Kenya.
