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{
    "id": 56337,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/56337/?format=api",
    "text_counter": 305,
    "type": "speech",
    "speaker_name": "Mr. Kapondi",
    "speaker_title": "",
    "speaker": {
        "id": 36,
        "legal_name": "Fred Chesebe Kapondi",
        "slug": "fred-kapondi"
    },
    "content": "It is estimated that 3 million women and girls are at risk of FGM each year and about 140 million women have undergone some form of FGM. The age at which the procedure is carried out varies from zero to 20 years or as late as just before marriage or after the first pregnancy. The FGM is usually performed by societies in which women have been traditional practitioners. Looking at the impact of the FGM in a number of African countries that practice it, particularly in Kenya, research that has been undertaken by the WHO and UNICEF shows that the dangers FGM poses on the victim outweighs its cultural benefits. The studies reveal that there is severe pain and bleeding. The bleeding can be protracted and result in long-term anemia as well as reduced urinary retention. Mr. Temporary Deputy Speaker, Sir, the studies also reveal long-term adverse effects which include painful cysts and kelloids which can cause problems during pregnancy and child birth. The other complications associated with FGM include infertility and hymatoclopus, that is, the accumulation of menstrual fluid in the vagina. The psychological effects can include anxiety prior to operation, trauma, sense of humiliation, sense of betrayal by parents, severe depression, loss of sleep, nightmares, post traumatic stress syndrome and interference with women’s sexuality. Mr. Temporary Deputy Speaker, Sir, FGM also has a social economic impact. I will cite a case where I come from. FGM has been a major factor in under-development, particularly where it concerns the girl child. FGM has rendered the education of the girl child in danger in areas where it is heavily practised. This is because, at the age of 12 or 13 when that serious basic foundation is laid for the future academic prospects of the girl child, that is when the practice is effected and immediately thereafter, marriage follows suit. As you know, in our rural economies, the women play a very critical role in terms of facilitating the economy of the family unit. With many teenagers who have not developed their capacity, who have not mustered the muscle, to bring up their families, most of the homes end up being completely destroyed. In the process, the economies of the family units cannot stand. Mr. Temporary Deputy Speaker, Sir, Part Two of the Bill contains provisions on offences relating to various aspects of FGM in particular Clause 3, which makes it an offence for a person to perform FGM on another person. It has happened in this country. There was a public interest case which was filed by FIDA a few years ago whereby a woman was subjected to FGM while delivering at Nairobi Hospital without her consent. This case is still pending in the court. It has delayed due to lack of adequate legislation and is yet, to be concluded. That is the reason why it is critical that this Bill passes through so that we have adequate legislation that will be very comprehensive to cater for the loopholes that we have currently that are making it very difficult to enforce and ensure that this vice is done away with. Mr. Temporary Deputy Speaker, Sir, while Clause 4 outlaws aiding and abetting of FGM, it also makes it an offence for a person’s premises to be used in the performance of FGM and also for a person to possess tools or equipment for performing that act. Clause 8 makes it an offence for a person to fail to report the commission of the offence of FGM to the law enforcement officers. As it is, in as much as some courts, for instance, have attempted to punish the offenders, it has been minimal and the sentences are not deterrent enough. The only express law currently outlawing FGM is the Children Act, Section 14. It only protects the children. Women are not protected and yet they are also subjected to the cut. Furthermore, the police and chiefs have not been given express powers within the Kenyan Penal Code to intervene in instances of FGM. The few who undertake arrests do so, after being trained on the dangers and effects of FGM. What we require is a proper legislation. I believe that this Bill is coming up with that. Mr. Temporary Deputy Speaker, Sir, Part 3 of the Bill contains miscellaneous provisions. Clause 9 empowers a law enforcement officer to enter into any premise without a warrant in order to ascertain whether there has been violation of the Bill. Clause 10 requires the Government to put in place some measures aimed at bringing to an end the practice of FGM. Clause 12 sets out the general penalties for various offences provided for in the Bill. Mr. Temporary Deputy Speaker, Sir, it is important to note at this juncture that the enactment of this Bill shall not occasion any additional expenditure of public funds. In conclusion, the Kenyan Constitution outlaws subjecting one to harmful traditional practices. There is hence a need to have a more comprehensive law that expressly prohibits FGM and protects both women and children from this harmful traditional practice. Mr. Temporary Deputy Speaker, Sir, with those very brief remarks, I wish to move and ask Mr. Ethuro to second."
}