My Grade 7 cousin is being forced to undergo FGM – what can I do?
A Grade 7 pupil from Tharaka Nithi has been told she must undergo female genital mutilation once the December holidays begin.
What you need to know:
- FGM is illegal in Kenya under the Prohibition of Female Genital Mutilation Act, 2011, even as a Grade 7 girl faces pressure from her parents to undergo FGM.
- Lawyer Vivian explains the legal protections available under Kenyan law and outlines where to seek immediate help.
Dear Vivian,
My cousin, a Grade 7 pupil from Tharaka Nithi, has been told she must undergo female genital mutilation (FGM) once the December holidays begin. Her parents insist that she is of age and have threatened to stop paying her school fees and send her away from home unless she agrees. They argue that her elder sisters have all gone through the same rite and that she cannot be an exception. She is anxious and does not know where to seek help. What institutions can I approach, and how does the law protect girls in such situations?
Daisy Kendi,
Tharaka Nithi
Dear Daisy,
First, it is important to note that female genital mutilation (FGM) is illegal in Kenya. The Prohibition of Female Genital Mutilation Act, 2011 expressly outlaws the practice. Under this law, anyone who performs FGM commits an offence punishable by imprisonment for not less than three years, a fine of up to Sh200,000, or both. If the act results in death or serious injury, the penalty increases to life imprisonment.
The law also criminalises aiding, abetting, or using threats and cultural pressure to compel a girl or woman to undergo FGM. This means that even those who facilitate or coerce others into the act, including parents or guardians, are liable to prosecution.
Additionally, the Children Act, 2022 reinforces these protections by classifying FGM as a harmful cultural practice and expressly prohibiting it. Every child has a right to education, shelter, and protection from abuse. No parent or guardian may lawfully withdraw these rights to force a child into FGM.
Kenyan courts have strongly upheld this position. In Kamau v Attorney General (2021), the High Court dismissed a petition seeking to legalise FGM for consenting adults, ruling that the practice violates constitutional rights to dignity and health. The court affirmed that cultural or religious justifications cannot override the Constitution. Similarly, criminal courts have convicted and sentenced perpetrators, demonstrating that the law is not merely symbolic — it is being enforced.
In your cousin’s case, you should immediately report the matter to the nearest police station and request assistance from the gender desk. The police are legally mandated to protect any girl at risk of FGM. You should also contact the area children’s officer, who has a statutory duty to intervene when a child faces imminent harm. Where necessary, your cousin can be placed temporarily in a rescue centre for her safety while investigations proceed.
You may also reach out to The Cradle – The Children’s Foundation or the Tharaka Women’s Welfare Programme, both of which work to protect girls from harmful cultural practices and ensure their right to education and safety. These organisations can help you file a formal complaint, follow up with authorities, and secure your cousin’s protection.
Encouragingly, attitudes are slowly shifting. Many former circumcisers have abandoned the practice and now support alternative rites of passage, allowing girls to celebrate maturity without undergoing FGM. However, many others remain at risk, making it critical for communities and institutions to remain vigilant and proactive.
Vivian
The author is an advocate of the High Court of Kenya and an award-winning civil society lawyer ([email protected]).
