The ruling from the Chief Magistrate’s Court in Narok has drawn attention to the ongoing efforts to curb female genital mutilation in the country.
The court found three individuals guilty of offences linked to the harmful practice, highlighting once again the seriousness with which the justice system is treating cases related to FGM.
The case involved a minor who underwent the outlawed procedure, and the people who were expected to protect her were instead found to have either supported the act or failed to stop it. The judgment sends a firm message to communities that still hold on to the practice despite it being illegal and harmful.
The first two convicts, John Oisa and Angela Saoli, were found guilty of failing to report the commission of an offence.
According to the court, they knew that the act was being carried out and did nothing to inform the authorities.
This offence falls under Section 24 of the Prohibition of FGM Act, which requires anyone with knowledge of such activities to report them.
For this, the court fined each of them Ksh.200,000, and in case they fail to pay, they will serve a two-year jail term.
The court made it clear that silence in the face of such harm is a crime on its own, especially when a child is involved.
The same two individuals were also convicted for aiding and abetting the act of FGM, an offence under Section 20(b) of the Act.
This shows that they were not only silent but also played a role in allowing or supporting the harmful rite.
For this count, they were again fined Ksh.200,000 or required to serve an additional two years in prison if they fail to pay.
To add to this, the court further fined each of them Ksh.15,000 for failing to protect a child from harmful cultural practices.
This particular charge is tied to Section 14 of the Children’s Act, which places the responsibility of child protection on adults. The court found that they failed in this duty.
The third person convicted was the owner of the premises where the offence took place, Peter Ole Kilerai, who is also the child’s grandfather.
He was fined Ksh.200,000 or given the option of serving two years in prison. The court held that allowing his premises to be used for the procedure made him directly responsible.
His involvement demonstrated how deeply cultural practices can be rooted within families, sometimes even leading elders to support actions that harm children.
