In Summary
- Another FGM case reported at Kiamaiko ward Mathare.
- In 2021 a three-judge bench of the High Court in Nairobi has upheld and validated the constitutionality of the Prohibition of Female Genital Mutilation Act, 2011,
As the Nation continue to mark 16 days of gender activism pastoralists community in Kiamaiko area Nairobi have advanced the Female Genital Mutilation.
Yesterday it was reported that one girl below the age of 14 was forcefully mutilated something that raised eye brows.
Rahma Waqo a resident and a member of Mathare community social justice center says they received the report after the incident and they are actually tracing those involved.
“The world at large are marking to these days to protect this kind of behavior in our society but it is unfortunate that just yesterday we were informed that the wazee from pastoralists community were overseeing a 14 year old girl being mutilated. There is a woman from Kiambu who always visit Kiamaiko to help the community in mutilating their children. I think this must stop and we are asking the police and local administration to help us apprehend the perpetrators.” Waqo said.
Waqo told Ghetto Radio News that the vice is taking shape during this festive season and it also about culture and the perpetrators do not care about the law.
“We have been struggling with this vice for years now and it looks like law can not marry culture the pastoralists community exercise this as culture and fighting the same with law as instrument has been challenging.
We urge the government to take different approach to make it real more sensitization is need because the law is there and nothing seems to take shape. This is an urban area what about upcountry.” Waqo said.
The law on FGM
In 2021 a three-judge bench of the High Court in Nairobi has upheld and validated the constitutionality of the Prohibition of Female Genital Mutilation Act, 2011, advancing the rights of women and girls to a positive cultural context and to protection against harmful practices.
The remarkable judgment follows the 2017 filing of a constitutional petition by a public health professional in Kenya challenging the constitutionality of the anti-FGM law on grounds that Sections 5, 19, 20, and 21 of the Prohibition of Female Genital Mutilation Act were unconstitutional.
Section 5 of the Act establishes the Anti-FGM Board which is tasked with the responsibility of coordinating and leading efforts designed to end FGM on behalf of the government of Kenya. On the other hand, Sections 19 to 21 criminalize FGM and prescribe various penalties to those found guilty.
“The Constitution grants the freedom for one to exercise their culture. However, that freedom has to be carried out in line with other constitutional provisions. From the law, we observe that culture entails various modes of expression, and therefore what is limited is any expression that will cause harm to a person or by a person to another person. FGM/C falls into the latter category. It, therefore, follows that while our Constitution has a general underlying value of freedom, this value of freedom is subject to limitation which is reasonable and justifiable. Additionally, it has not inscribed the freedom to inflict harm on oneself in the exercise of this freedom,” court ruled.
