Kehancha Law Court Resident Magistrate Kasmir Augustus has underscored the need to educate members of the public on the various Female Genital Mutilation offences as spelt in the FGM Act. No.3 of 2011.
Speaking to the media fraternity in his office, Augustus noted that most Kenyans are not conversant with the FGM Act, especially Section 25, which cautions that any person who uses derogatory or abusive language that is intended to ridicule, embarrass or otherwise harm a woman for having not undergone FGM, or a man for marrying or otherwise supporting a woman who has not undergone FGM, commits an offence and can be imprisoned for a term of not less than six months, or be fined not less than Sh50,000, or both.
The Magistrate further added that the FGM Act also talks about the penalties for those found procuring a person to perform FGM from another county, those found aiding and abetting the practice, or any person who allows the use of premises for the purposes of performing the retrogressive practice.
Augustus said Kuria and other FGM-practicing communities should be informed on the whole spectrum of the FGM Act to fully understand the consequences that await anyone who may try to engage in the heinous activity.
The Magistrate called upon state actors and other partners like the Civil Society Organisations (CSOs) to work closely with the justice system to enlighten the community about the existing FGM laws.
He emphasised that FGM was both a legal and a social problem, terming it a harmful culture that has no place in modern-day society.
“FGM is an inhuman act, degrading and torturous, and should not be even considered to exist in today’s society,” reiterated Augustus.
He explained that it was upon the courts to impose hefty fines and harsher sentences, and not to be lenient in their decisions in order to create a deterrent effect in the community.
“The justice system will always work with the local administrative units in local barazas to enlighten the community on the anti-FGM laws, and project the harmful societal effects that the practice brings to our people,” noted Augustus.
Similarly, Kehancha Law Court Senior Principal Magistrate (SPM) Moses Obiero said that NGOs should do more engagement with the communities at the village level to educate them on the harmful effects of FGM, the FGM Act, and the penalties they may be subjected to if found guilty.
Obiero who is also the Head of Kehancha station urged members of the Kuria community to consider other rites of passage for their girls other than FGM, calling the media to help the community by projecting elements of positive culture, while on the other hand condemning other cultural practices deemed negative or harmful.
He assured the public that the FGM cases will be given the attention they deserve so as to be concluded in the shortest time possible and ensure justice for the affected children.
Obiero however, defended the FGM laws that have been questioned by the Anti-FGM actors for being lenient to perpetrators of the vice.
He said the current FGM Act places a minimum fine of Sh200, 000 and a minimum of a three-year jail term for the offenders.
The FGM Act, however, does not set the upper limits, giving the jurist an opportunity to set the parameters based on the weight of the case.
Obiero clarified that it’s not how good the laws in any given society are defined, but what matters is how the society responds to any given law.
He added that it is important for both parties and anti-FGM actors along the Isebania (Kenya) and Sirare (Tanzania) borders to have an inter-governmental discussion to curb cross-border FGM.
According to Obiero, since December 2022, Kehancha Law Court has handled more than 20 FGM cases with most of the cases concluded, while the remaining ones have been hampered by the inability of children to appear in courts.
Meanwhile, an elderly Woman in her mid-70s was arraigned before the Kehancha Law Court, accused of five counts of FGM offenses.
Wankuru Rioba was arrested on November 4 and first appeared at the Kehancha Law Courts on November 5 for committing five FGM offenses among them possession of cutting materials, participating in FGM activities, and subjecting minors to physical harm among other counts.
Appearing for her second mention before Resident Magistrate Kasmir Augustus, Wankuru pleaded guilty to two counts of FGM offenses and not guilty on the other three, with her next mention scheduled for Wednesday 15, with a ruling set for November 24 of this month.
On his part, Mabera Deputy County Commissioner Joyfilla Wambua with her security team that aided the arrest of Wankuru, said that they will continue to fight for the rights of Kuria girls in the region.
Migori County Commissioner David Gitonga has also in numerous bazaras cautioned the community that anyone involved in FGM practices will face the full force of the law regardless of their social status in the society.
Additionally, World Vision’s Official Anastacia Ghati stated that they were on a journey to transform and liberate the community from FGM perpetrators, adding that their joint efforts together with other stakeholders to eradicate the vice in the larger Kuria were finally yielding some fruits.
“Most of the FGM perpetrators are now in hiding or conducting FGM discretely, while others have fled to neighbouring Tanzania for fear of being arrested”, concluded Ghati.
By Geoffrey Makokha
