THE ADEQUACY OR OTHERWISE OF ANTI.edited.docx - THE ADEQUACY OR OTHERWISE OF ANTI-FGM LAWS IN KENYA By Ochwada Wanyama Robbale Guyo Abstract Female

THE ADEQUACY OR OTHERWISE OF ANTI.edited.docx - THE...

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THE ADEQUACY OR OTHERWISE OF ANTI-FGM LAWS IN KENYABy Ochwada Wanyama* & Robbale Guyo*Abstract Female genital mutilation (FGM) is defined by the World Health Organization (WHO) as 'all procedures that involve partial or total removal of the external female genitalia or other injuries to the female genital organs for non-medical reasons.' FGM is practised as a cultural ritual by ethnic groups globally. The study will be focusing on an examination of the inadequacy of existing anti-FGM laws in Kenya. This will be done by comparing Kenya's anti-FGM laws with similar laws in other jurisdictions. The study will be advancing the idea that existing anti-FGM laws need to be updated constantly with the ultimate aim of completely eradicating the practice of FGM since it is repugnant to our supreme law. The biggest weakness with the legislative effort to eradicate FGM is that our Children's Act of 2001 does not effectively facilitate the state assuming parental responsibility for girls in danger of undergoing FGM by not accountingfor taxpayer funded children shelters.IntroductionFemale genital mutilation (FGM) is defined by the World Health Organization (WHO) as ‘all procedures that involve partial or total removal of the external female genitalia or other injuries to the female genital organs for non-medical reasons.'1FGM is practised as a cultural ritual by ethnic groups globally.2The study will be focusing on an examination of the inadequacy of existing anti-FGM laws in Kenya. This will be doneby comparing Kenya’s anti-FGM laws with similar laws in other jurisdictions. The study will be advancing the idea that existing anti-FGM laws need to be updated constantly with the ultimate aim of completely eradicating the practice of FGM since it is repugnant to our supreme law.31* CUEA School of Law * CUEA School of LawWorld Health Organization. Eliminating Female Genital Mutilation: An interagency statement(2008): online at 2S.S. Kasim, The Attitudes of Maasai parents towards Alternative Rites of passage of girls in the central division, Narok county(University of Nairobi: unpublished MA thesis, 2014) 1-3(Kasim 2014) 3Katet Nchoe and Anr (consolidated)v R [2010] KeHC Crim App No.177 of 2010(Unrptd)[Katet Nchoe No.2] per Emukule J1
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Parliament enacted an anti-FGM statute4a year after the new human rights driven Constitution came into force.5PFGM 2011 creates a statutory body enacted with the intention of ‘prohibiting the practice of female genital mutilation.’6The statute goes on to define FGM as ‘all procedures involving partial or total removal of the female genitalia or other injuries to the female genital organs, or any harmful procedure to the female genitalia, for non-medical reasons.'7The statute goes on to create a body to achieve the aims of PFGM 20118called the Anti-Female Genital Mutilation Board (AFGMB).
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