Court News

Woman Jailed for Allowing Home to Be Used for FGM in Tana River Case

A judge's gavel and scales of justice representing the court case involving a woman convicted of facilitating FGM in Kipini.
A Kipini court has convicted a woman of allowing her home to be used for Female Genital Mutilation.

The Director of Public Prosecutions (DPP) has secured two concurrent three-year prison sentences, with an alternative fine of KSh200,000, against a woman convicted of allowing her home 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, to FGM.

The victims, identified in court 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 Magistrate Leah Wasige.

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The prosecution called 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.

In her defence, Daudi called one witness, her brother, before closing her case.

After considering the evidence presented by both sides, the court found her guilty of two offences: allowing premises to be used for the commission of 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 law.

The court sentenced her to three years' imprisonment for each offence, with the sentences running concurrently, or an alternative fine of KSh200,000.

In her remarks, the trial magistrate said 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 practice itself but also conduct that facilitates it, including making premises available for FGM and failing to report offences.

The DPP said it continues to work with law enforcement agencies and other stakeholders to protect children and vulnerable persons from harmful practices and ensure that perpetrators are brought to justice.

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