Prohibition of Female Genital Mutialation Act – Tweetables

Prohibition of Female Genital Mutialation Act – Tweetables

Prohibition of Female Genital Mutilation is an Act of Parliament to prohibit the practice of FGM, safeguard against violation of a person’s mental or physical integrity through the practice of FGM and for connected purposes Click To Tweet

Partially/totally removing female genitalia/ causing injury to the female genital organs, or any harmful procedure to the female genitalia, for non-medical reasons is FGM. It includes clitoridectomy, excision, infibulation Click To Tweet

2.1 Interpretation

sexual reassignment procedure means any surgical procedure that is performed for the purposes of altering the genital appearance of a person to the genital appearance of a person of the opposite sex #EndFGM #HeForShe #MenEndFGM Click To Tweet support services includes the provision of shelter, medical services, legal education, training of service providers and advocates against female genital mutilation, and the provision of psycho-social support #EndFGM #HeForShe #MenEndFGM Click To Tweet

3. Establishment of the Board

The @AFGMBoard is a body corporate and is capable of suing and being sued, acquiring and disposing property, borrowing and investing, partnering and entering into contracts etc #EndFGM #HeForShe #MenEndFGM Click To Tweet

4. Composition of the board

The @AFGMBoard is made up of 10 board members. Only the CEO serves for a term of 5 years. His/her term is renewable, unlike the rest one-time members who serve for 6 years #EndFGM #HeForShe #MenEndFGM Click To Tweet The cabinet secretary appoints 3 @AFGMBoard board members. There are 5 principal secretaries/ or appointed representatives in the board #EndFGM #HeForShe #MenEndFGM Click To Tweet The president appoints the Chairperson of the @AFGMBoard board Click To Tweet The Chief Executive Officer is an ex officio member of the @AFGMBoard board but does not have a right to vote at any meeting of the Board #EndFGM #HeForShe #MenEndFGM Click To Tweet

5. Functions of the Board

functions of the @AFGMBoard include to design, supervise and co-ordinate public awareness programmes against the practice of female genital mutilation #EndFGM #HeForShe #MenEndFGM Click To Tweet functions of the @AFGMBoard include to generally advise the Government on matters relating to female genital mutilation and the implementation of this Act #EndFGM #HeForShe #MenEndFGM Click To Tweet functions of the @AFGMBoard include to design and formulate a policy on the planning, financing and co-ordinating of all activities relating to female genital mutilation #EndFGM #HeForShe #MenEndFGM Click To Tweet functions of the @AFGMBoard include to provide technical and other support to institutions, agencies and other bodies engaged in the programmes aimed at eradication of female genital mutilation #EndFGM #HeForShe #MenEndFGM Click To Tweet functions of the @AFGMBoard include to design programmes aimed at eradication of female genital mutilation #EndFGM #HeForShe #MenEndFGM Click To Tweet functions of the @AFGMBoard include to facilitate resource mobilization for the programmes and activities aimed at eradicating female genital mutilation #EndFGM #HeForShe #MenEndFGM Click To Tweet functions of the @AFGMBoard include to perform such other functions as may be assigned by any written law #EndFGM #HeForShe #MenEndFGM Click To Tweet

6. Powers of the Board

The @AFGMBoard can enter into association with such other bodies or organizations within or outside Kenya in furtherance of the purposes for which the Board is established #EndFGM #HeForShe #MenEndFGM Click To Tweet

7. Conduct of business and affairs of the Board

The @AFGMBoard conduct and regulation business and affairs of the Board shall is as provided in the Schedule #EndFGM #HeForShe #MenEndFGM Click To Tweet

8. Delegation by the Board

The @AFGMBoard may 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 #EndFGM #HeForShe #MenEndFGM Click To Tweet

9. Chief Executive Officer

The @AFGMBoard CEO is appointed by the Board #EndFGM #HeForShe #MenEndFGM Click To Tweet The @AFGMBoard CEO holds 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 #EndFGM #HeForShe #MenEndFGM Click To Tweet The @AFGMBoard CEO is an ex officio member of the Board but has no right to vote at any meeting of the Board #EndFGM #HeForShe #MenEndFGM Click To Tweet The @AFGMBoard CEO, subject to the direction of the Board, is responsible for the day to day management of the Board #EndFGM #HeForShe #MenEndFGM Click To Tweet The @AFGMBoard CEO, is the secretary of the Board #EndFGM #HeForShe #MenEndFGM Click To Tweet

10. Staff

The @AFGMBoard 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 #EndFGM #HeForShe #MenEndFGM Click To Tweet

11. The common seal of the Board

The common seal of the board shall be kept in the custody of the @AFGMBoard CEO or of such other person as the Board may direct, and shall not be used except upon the order of the Board #EndFGM #HeForShe #MenEndFGM Click To Tweet The common seal of the @AFGMBoard, when affixed to a document and duly authenticated, shall be judicially and officially noticed #EndFGM #HeForShe #MenEndFGM Click To Tweet The common seal of the @AFGMBoard, when affixed to a document and duly authenticated, shall be judicially and officially noticed #EndFGM #HeForShe #MenEndFGM Click To Tweet The common seal of the @AFGMBoard, shall be authenticated by the signature of the chairperson of the Board and the Chief Executive Officer #EndFGM #HeForShe #MenEndFGM Click To Tweet The common seal of the @AFGMBoard, shall be authenticated by the signature of the chairperson of the Board and the CEO #EndFGM #HeForShe #MenEndFGM Click To Tweet in the absence of either the chairperson or the CEO, one board member is nominated to authenticate the seal of the Board on behalf of either the chairperson or the CEO #EndFGM #HeForShe #MenEndFGM Click To Tweet

12. Protection from personal liability

No matter/ thing done by a member of the @AFGMBoard or its representative shall, if the matter or thing is done in good faith, render the person acting on their directions personally liable to any action, claim or demand whatsoever… Click To Tweet If the court holds that an act was done in good faith, any expenses incurred by any person in any suit/ 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… Click To Tweet

13. Liability for damages

Provisions of section 12 shall not relieve the @AFGMBoard 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… Click To Tweet

14. Funds of the Board

The funds and assets of the @AFGMBoard shall consist of gifts as may be given to the Board; and all moneys from any other lawful source provided, donated or lent to the Board #EndFGM #HeForShe #MenEndFGM Click To Tweet

15. Financial year

The financial year of the Board shall be the period of twelve months ending on the thirtieth June in each year #EndFGM #HeForShe #MenEndFGM Click To Tweet The common seal of the @AFGMBoard, when affixed to a document and duly authenticated, shall be judicially and officially noticed #EndFGM #HeForShe #MenEndFGM Click To Tweet

16. Annual estimates

The @AFGMBoard shall cause to be prepared estimates of the revenue and expenditure of the Board for that year at least three months before the commencement of each financial year #EndFGM #HeForShe #MenEndFGM Click To Tweet The annual estimates shall make provision for all estimated expenditure of the @AFGMBoard for the financial year #EndFGM #HeForShe #MenEndFGM Click To Tweet

16.1 Annual estimates

The annual estimates shall be approved by the @AFGMBoard 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 CS for approval #EndFGM #HeForShe… Click To Tweet No expenditure shall be incurred for the purposes of the @AFGMBoard except in accordance with the annual estimates approved annually or in pursuance of an authorization of the Board given with prior written approval of the CS #EndFGM… Click To Tweet

17. Accounts and audit

The @AFGMBoard shall cause to be kept proper books and records of accounts of the income, expenditure and assets of the Board #EndFGM #HeForShe #MenEndFGM Click To Tweet

18. Investment of funds

The @AFGMBoard 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 Treasury may, from time to time, approve for that purpose #EndFGM… Click To Tweet The @AFGMBoard may place on deposit, with such bank or banks as it may determine, any moneys not immediately required for the purpose of the Board #EndFGM #HeForShe #MenEndFGM Click To Tweet

19. Offence of female genital mutilation

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… Click To Tweet 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 #EndFGM #HeForShe #MenEndFGM Click To Tweet No offence is committed by an approved person who performs a surgical operation on another person which is necessary for that other person’s physical or mental health; or is in any stage of labour or has just given birth, for purposes… Click To Tweet

19.1 Offence of female genital mutilation

An approved person performing a surgical operation on another person necessary for that other person’s physical or mental health is a medical practitioner; #EndFGM #HeForShe #MenEndFGM Click To Tweet An approved person performing a surgical operation on another person in any stage of labour or has just given birth, for purposes connected with the labour or birth may be a medical practitioner, a registered midwife or a person… Click To Tweet a person’s culture, religion or other custom or practice shall be of no effect in determining whether or not any surgical procedure is performed on any person for the benefit of that person’s physical or mental health #EndFGM #HeForShe… Click To Tweet It is no defence that the person on whom the act involving FGM was performed consented to that act, or that the person charged believed that such consent had been given #EndFGM #HeForShe #MenEndFGM Click To Tweet

20. Aiding and abetting female genital mutilation

A person who aids, abets, counsels or procures a person to commit an offence under section 19; or another person to perform female genital mutilation on that other person, commits an offence #EndFGM #HeForShe #MenEndFGM Click To Tweet

21. Procuring a person to perform female genital mutilation in another country

It is 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 FGM #EndFGM… Click To Tweet

22. Use of premises to perform female genital mutilation

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 FGM commits an offence #EndFGM #HeForShe #MenEndFGM Click To Tweet

23. Possession of tools or equipment

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 #EndFGM #HeForShe #MenEndFGM Click To Tweet

24. Failure to report commission of offence

A person commits an offence if, 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 #EndFGM #HeForShe… Click To Tweet

25. Use of derogatory or abusive language

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… Click To Tweet

Simplified tweets by Kipainoi
Tweets are meant to give a less technical feel of the law
Correction/ Suggestion/ Critique is welcome

Act NO. 32 OF 2011
Original document

Kipainoi

Jeremiah Kipainoi is a multimedia journalist and fellow, Salzburg Academy on Media and Global Change. His background in journalism has drawn him into telling human-interest stories, using media as an agent of change.

This Post Has One Comment

  1. Part IV of the Act criminalizes female genital mutilation ( FGM ). The Act also provides that if FGM is carried out and causes death, the perpetrator will be liable to imprisonment for life. The Act also criminalizes a person who takes another person inside or outside Kenya to perform FGM on her.

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