The Director of Public Prosecutions (DPP) has secured two concurrent three-year prison sentences, or an alternative fine of Ksh200,000, against a woman convicted of allowing her premises to be used for Female Genital Mutilation (FGM) and failing to report the offence.
Mariam Daudi was convicted by the Kipini Mobile Court after the prosecution proved that she allowed her house 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 criminal proceedings prosecuted by Job Nyakundi before Hon. Leah Wasige.
The prosecution presented seven witnesses, including the four victims, a clinical officer, the Assistant County Commissioner for Kipini Division and the investigating officer, to establish the circumstances surrounding the offences.
When placed on her defence, Daudi called one witness, her brother, before closing her case.
After evaluating the evidence presented by both sides, the court found her guilty of two offences: using premises to perform FGM, contrary to Section 22 of the Prohibition of Female Genital Mutilation Act, 2011, and failing to report the commission of an offence, contrary to Section 24 of the same Act.
The court subsequently sentenced her to three years’ imprisonment on each of the two offences, with the sentences running concurrently, or an alternative fine of Ksh200,000.
In her remarks, the trial magistrate observed that the case should serve as a lesson to members of the Orma community and other communities that continue to practise or promote FGM.
The Prohibition of Female Genital Mutilation Act criminalises not only the actual practice of FGM but also conduct that facilitates its commission, including making premises available for the practice and failing to report offences.
The DPP reiterrated its commitment to working with law enforcement agencies and other stakeholders to protect children and vulnerable persons from harmful practices and ensure that perpetrators are brought to justice.
