Analyzing the efficacy of article 44(3) of the new constitution of Kenya (2010): a study on female genital mutilation in Kenya
Date
2020-11
Authors
Ouma, Yvonne Nekesa
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Journal ISSN
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Publisher
Strathmore University
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.
Description
In light of the Prohibition of FGM Act of Kenya (2011), female genital mutilation entails all procedures which involve partial or total removal of the female genitalia or other injury to the female genital organs for non-medical reasons, and includes clitoridectomy, excision and infibulation. There lies much ambiguity as to the exact origin of FGM; while some scholars hold that FGM originated from Ancient Egypt following the discovery of circumcised female mummies from 5th century BC, others theorise that FGM spread across slave trade routes extending from the western to the southern shore of the Red Sea, western African regions, or spread through Arab traders from the Middle East to Africa.