A woman has been sentenced to two concurrent three-year prison terms, with an alternative fine of Sh200,000, for providing her house for Female Genital Mutilation (FGM) and failing to report the illegal practice.
Mariam Daudi was convicted by the Kipini Mobile Court after the prosecution established that she allowed her residence to be used to subject four girls aged between six and 10 years to FGM. The victims, identified as F.S, 6, M.I, 6, R.H, 7, and R.S, 10, were the subject of the case prosecuted by Job Nyakundi before Magistrate Leah Wasige.
During the trial, the prosecution called seven witnesses, among them the four girls, a clinical officer, the Assistant County Commissioner for Kipini Division and the investigating officer. Daudi, in her defence, presented one witness, identified as her brother, before closing her case.
After considering the evidence from both parties, the court found her guilty of two offences under the Prohibition of Female Genital Mutilation Act, 2011.
The first charge involved allowing premises to be used for FGM, contrary to Section 22, while the second concerned failure to report the commission of the offence, contrary to Section 24 of the Act. The court imposed a three-year prison sentence for each offence, with the terms to run concurrently. Daudi was also given the option of paying a fine of Sh200,000.
In her sentencing remarks, the magistrate warned that the case should serve as a reminder to members of the Orma community and other communities that continue to engage in or encourage FGM that the practice is prohibited by law.
Under Kenya’s anti-FGM legislation, criminal liability extends beyond those who directly perform the procedure to individuals who facilitate it by providing premises or concealing information about the offence.
The Office of the Director of Public Prosecutions reiterated its commitment to working with law enforcement agencies and other stakeholders to protect children and vulnerable individuals from harmful cultural practices and prosecute those involved.
