End FGM drive: Witnesses could face three years in prison under proposed law

Anyone who witnesses an act of Female Genital Mutilation (FGM) and fails to report it could face up to three years in prison or a fine of Sh200,000 under a Bill before the Senate.

The Prohibition of Female Genital Mutilation (Amendment) Bill, 2026, sponsored by nominated Senator Catherine Mumma, seeks to amend the 2011 Act to protect survivors from prosecution.

 The current law does not expressly shield victims, leaving them exposed to charges despite being the ones violated.

The proposed amendments aim to make the law more sensitive to survivors’ needs by preventing further victimisation and trauma during investigations and trials.

 They also seek to distinguish between perpetrators and those who have undergone the practice.

A report released last year by the Clooney Foundation for Justice’s Trial Watch initiative found that Kenyan authorities have used the current law to punish victims rather than perpetrators.

Produced with the American Bar Association Center for Human Rights, the report drew on trial monitoring and an analysis of 68 FGM related cases across Kenya.

It showed that more than 55 per cent of those charged were women and underage girls who had undergone FGM, compared with six per cent cutters and 16 per cent property owners who provided premises.

Anti FGM Board Acting Chief Executive Officer Nyerere Kutwa welcomed the Bill, calling it “timely” and necessary to close loopholes exploited by perpetrators. 

“It is good to note that the proposed law is imposing sweeping penalties against the perpetrators,” he said. 

Tony Mwebia, founder of Men End FGM, said the review offers a chance to fix gaps in the law, including the shortage of safe houses. 

“Girls who have undergone FGM are often held in cells while waiting to testify in court. That is an additional punishment,” he said. 

He urged lawmakers to impose “tougher penalties, higher fines and stricter sentences” and to address medicalised and cross border FGM.