A woman has been sentenced to three years in prison or an alternative fine of Sh200,000 after a court found her guilty of facilitating Female Genital Mutilation (FGM) by allowing her house to be used to subject four young girls to the outlawed practice.
Mariam Daudi was convicted by the Kipini Mobile Court in Tana River County after the prosecution established that she provided her premises for the cutting of four girls aged between six and 10 years.
The victims, identified in court by their initials, were the subject of proceedings prosecuted by the Office of the Director of Public Prosecutions (ODPP).
Daudi faced two charges under the Prohibition of Female Genital Mutilation Act, 2011: allowing premises under her control to be used for FGM and failing to report the commission of the offence to the relevant authorities.
During the trial, prosecutor Job Nyakundi presented seven witnesses to support the case. They included the four victims, a clinical officer, the Assistant County Commissioner for Kipini Division and the investigating officer.
The accused also presented her defence, calling her brother as a witness before the court concluded the hearing.
Court imposes concurrent sentences
After considering evidence from both the prosecution and defence, the court found Daudi guilty of both offences and imposed a three-year prison term for each count.
The sentences will run concurrently, meaning she will serve three years in prison unless she pays the alternative fine of Sh200,000.
In her ruling, trial magistrate Leah Wasige said the conviction should serve as a warning to members of the Orma community and other communities that continue to practise or facilitate FGM.
The case highlights the legal responsibility of individuals who provide facilities for the commission of FGM, even where they are not directly involved in carrying out the procedure.
Under the Prohibition of Female Genital Mutilation Act, 2011, making premises available for the practice and failing to report its commission are criminal offences.
The ODPP said it remained committed to working with law enforcement agencies and other stakeholders to protect children and vulnerable persons from harmful cultural practices and ensure those who facilitate such offences face the law.
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