Legislation should provide that accomplices in the act of FGM shall be punished in the same manner as the practitioner of FGM. Legislation should define “accomplice” in the statute, and include in this definition those who bring a girl or woman to the practitioner as well as those who request the procedure, assist, advise, or procure support for anybody to carry out the procedure. Legislation should clearly state, however, that a victim herself cannot be identified as an accomplice. (See Punishment of Parents and Family Members section above).
A person who aids, abets, counsels or procures -
(a) a person to commit an offence under section I; or
(b) another person to perform female genital mutilation on that other person,commits an offence.
In addition, Kenya’s Prohibition of Female Genital Mutilation Act, 2010, penalizes allowing of one’s premises to be used for FGM as well as the possession of a tool for the purpose of performing FGM:
6. A person who knowingly allows any premises, for which that person is in control of, or responsible for, to be used for purposes of performing female genital mutilation commits an offence.
7. A person who is found in possession of a tool or equipment for a purpose connected with the performance of female genital mutilation commits an offence
- regard any form of FGM as a crime, irrespective of whether or not the woman concerned has given any form of consent, and to punish anybody who helps, encourages, advises or procures support for anybody to carry out any of these acts on the body of a woman or girl,
- pursue, prosecute and punish any resident who has committed the crime of FGM, even if the offence was committed outside their borders (extraterritoriality),
- adopt legislative measures to allow judges or public prosecutors to take precautionary and preventative measures if they are aware of cases of women or girls at risk of being mutilated; . . .