Prohibition of Female Genital Mutilation Act

Section 1. Short title. Section This Act may be cited as the Prohibition of Female Genital Mutilation Act.

Section 2. Interpretation. Section clitoridectomy, which is the partial or total removal of the clitoris or the prepuce;

Section 3. Establishment of the Board. Section 3(1) There is established a board to be known as the Anti-Female Genital Mutilation Board. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing money or making investments; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

Section 4. Composition of the Board. Section 4(1)(a) a chairperson appointed by the President; Section 4(1)(b) the Principal Secretary of the Ministry for the time being responsible for matters relating to gender or a representative duly appointed in writing; Section 4(1)(c) the Principal Secretary of the Ministry for the time being responsible for matters relating to finance or a representative duly appointed in writing; Section 4(1)(d) the Principal Secretary of the Ministry for the time being responsible for matters relating to health or a representative duly appointed in writing; Section 4(1)(e) the Principal Secretary of the Ministry for the time being responsible for matters relating to education or a representative duly appointed in writing; Section 4(1)(f) the Principal Secretary of the Ministry for the time being responsible for matters relating to youth affairs or a representative duly appointed in writing; Section 4(1)(g) three other members appointed by the Cabinet Secretary; and Section 4(1)(h) the Chief Executive Officer. Section 4(2) A person appointed as a member of the Board under this Act, other than an ex officio member, shall serve for a single term of six years...

Section 5. Functions of the Board. Section design, supervise and co-ordinate public awareness programmes against the practice of female genital mutilation;

Section 6. Powers of the Board. Section enter into contracts;

Section 7. Conduct of business and affairs of the Board. Section 7(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. Section 7(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Section 8. Delegation by the Board. Section The Board may, by resolution either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.

Section 9. Chief Executive Officer. Section 9(1) There shall be a Chief Executive of the Board who shall be appointed by the Board. Section 9(2) The Chief Executive Officer shall hold office for a period of not more than five years, on such terms and conditions of employment as the Board may determine, and shall be eligible for re-appointment. Section 9(3) The Chief Executive Officer shall be an ex officio member of the Board but shall have no right to vote at any meeting of the Board. Section 9(4)(a) subject to the direction of the Board, be responsible for the day to day management of the Board; Section 9(4)(b) in consultation with the Board, be responsible for the direction of the affairs and transactions of the Board, the exercise, discharge and performance of its objectives, functions and duties, and the general administration of the Board; and Section 9(4)(c) be the secretary of the Board.

Section 10. Staff. Section The Board may appoint such officers, agents and other staff as are necessary for the proper and efficient discharge of the functions of the Board under this Act, upon such terms and conditions of service as the Board may determine.

Section 11. The common seal of the Board. Section 11(1) The common seal of the Board shall be kept in the custody of the Chief Executive Officer or of such other person as the Board may direct, and shall not be used except upon the order of the Board. Section 11(2) The common seal of the Board, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given. Section 11(3) The common seal of the Board shall be authenticated by the signature of the chairperson of the Board and the Chief Executive Officer. Section 11(4) The Board shall, in the absence of either the chairperson or the Chief Executive Officer, in any particular matter, nominate one member of the Board to authenticate the seal of the Board on behalf of either the chairperson or the Chief Executive Officer.

Section 12. Protection from personal liability. Section 12(1) No matter or thing done by a member of the Board or by any officer, member of staff, or agent of the Board shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Board under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. Section 12(2) Any expenses incurred by any person in any suit or prosecution brought against him in any court, in respect of any act which is done or purported to be done by him under the direction of the Board, shall, if the court holds that such act was done bona fide , be paid out of the general funds of the Board, unless such expenses are recovered by him in such suit or prosecution.

Section 13. Liability for damages. Section The provisions of section 12 shall not relieve the Board of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially, of any works.

Section 14. Funds of the Board. Section such gifts as may be given to the Board; and

Section 15. Financial year. Section The financial year of the Board shall be the period of twelve months ending on the thirtieth June in each year.

Section 16. Annual estimates. Section 16(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Board for that year. Section 16(2)(a) payment of the salaries, allowances and other charges in respect of members and staff of the Board; Section 16(2)(b) payment of pensions, gratuities and other charges in respect of members and staff of the Board; Section 16(2)(c) proper maintenance of the buildings and grounds of the Board; Section 16(2)(d) maintenance, repair and replacement of the equipment and other property of the Board; and Section 16(2)(e) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. Section 16(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval. Section 16(4) No expenditure shall be incurred for the purposes of the Bo...

Section 17. Accounts and audit. Section 17(1) The Board shall cause to be kept proper books and records of accounts of the income, expenditure and assets of the Board. Section 17(2)(a) a statement of the income and expenditure of the Board during that year; and Section 17(2)(b) a balance sheet of the Board on the last day of that year. Section 17(3) The accounts of the Board shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 18. Investment of funds. Section 18(1) The Board may invest any of its funds in securities in which for the time being trustees may by law invest trust funds, or in any other securities or banks which the National Treasury may, from time to time, approve for that purpose. Section 18(2) The Board may place on deposit, with such bank or banks as it may determine, any moneys not immediately required for the purpose of the Board.

Section 19. Offence of female genital mutilation. Section 19(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. Section 19(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. Section 19(3)(a) a surgical operation on another person which is necessary for that other person’s physical or mental health; or Section 19(3)(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. Section 19(4)(a) in relation to an operation falling within paragraph (a) of subsection (3), a medical practitioner; Section 19(4)(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. Section 19(5) In determining, for purposes of...

Section 20. Aiding and abetting female genital mutilation. Section a person to commit an offence under section 19 ; or

Section 21. Procuring a person to perform female genital mutilation in another country. Section A person commits an offence if the person takes another person from Kenya to another country, or arranges for another person to be brought into Kenya from another country, with the intention of having that other person subjected to female genital mutilation.

Section 22. Use of premises to perform female genital mutilation. Section A person who knowingly allows any premises, for which that person is in control of, or responsible for, to be used for purposes of performing female genital mutilation commits an offence.

Section 23. Possession of tools or equipment. Section A person who is found in possession of a tool or equipment for a purpose connected with the performance of female genital mutilation, commits an offence.

Section 24. Failure to report commission of offence. Section A person commits an offence if the person, being aware that an offence of female genital mutilation has been, is in the process of being, or intends to be, committed, fails to report accordingly to a law enforcement officer.

Section 25. Use of derogatory or abusive language. Section Any person who uses derogatory or abusive language that is intended to ridicule, embarrass or otherwise harm a woman for having not undergone female genital mutilation, or a man for marrying or otherwise supporting a woman who has not undergone female genital mutilation, commits an offence and shall be liable, upon conviction, to imprisonment for a term not less than six months, or to a fine of not less than fifty thousand shillings, or both.

Section 26. Entry into premises. Section A law enforcement officer may, without a warrant, enter any premises for the purposes of ascertaining whether there is or has been, on or in connection with such premises any contravention of this Act.

Section 27. Measures by Government. Section protect women and girls from female genital mutilation;

Section 28. Extra-territorial jurisdiction. Section 28(1) A person who, while being a citizen of, or permanently residing in, Kenya, commits an act outside Kenya which act would constitute an offence under section 19 had it been committed in Kenya, is guilty of such an offence under this Act. Section 28(2) A person may not be convicted of an offence contemplated in subsection (1) if such a person has been acquitted or convicted in the country where that offence was committed.

Section 29. Penalty for offences. Section A person who commits an offence under this Act is liable, on conviction, to imprisonment for a term of not less than three years, or to a fine of not less than two hundred thousand shillings, or both.