Analyzing the efficacy of article 44(3) of the new constitution of Kenya (2010): a study on female genital mutilation in Kenya

Abstract

FGM is a malpractice in Kenya that continues to be the bane of the girl child’s existence. The practice is believed to have originated from Ancient Egypt due to the discovery of circumcised female mummies from the 5th century BC. Other scholars theorize that FGM spread across slave trade routes and into Africa. In Kenya, FGM is vastly recognized as a rite of passage in some communities; however, the practice is a crime in Kenya. Article 44(3) of the Constitution of Kenya (2010) stipulates that no person shall compel another to undergo a cultural rite. Similarly, the Kenyan Parliament enacted the Prohibition of FGM Act in 2011 to abolish the practice.