ADVOKS GLOBAL · KENYA
Prohibition of Female Genital Mutilation Act
19. Offence of female genital mutilation.
Edition: 2022-12-31 · In force
19. Offence of female genital mutilation.
(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.(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.(3)No offence under subsection (1) is committed by an approved person who performs—(a)a surgical operation on another person which is necessary for that other person’s physical or mental health; or(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.(4)The following are, for the purposes of this Act, approved persons—(a)in relation to an operation falling within paragraph (a) of subsection (3), a medical practitioner;(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.(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.(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.