Observance of Anti-Female Genital Mutilation (FGM) Laws in Kenya: Case of Ngurumani, Kajiado West Sub-County (2011-2021)

Abstract:

Female genital mutilation (FGM) is a human rights violation and a manifestation of gender inequality, undermining the global development agenda. Over the years, various countries worldwide including Kenya, have enacted several laws and policies to prohibit FGM, which not only affects the physical health of victims but also impacts their mental health. However, despite the criminalization of FGM, the practice continues in some communities in Kenya. The main purpose of the study was to analyse the observance of Anti-Female Genital Mutilation (FGM) Laws in Kenya, utilizing the case of Ngurumani in the Kajiado West Sub-County. The study’s objectives were; to determine the effects of cultural beliefs on anti-FGM laws in Ngurumani, to investigate the role of community leaders in enforcing anti-FGM laws in Ngurumani, and to analyse the barriers encountered in enforcing anti-FGM laws in Ngurumani. The study encompassed scholarly literature, which brought out the research gap as well as two theoretical underpinnings: Feminism Radical Theory and Social Constructivism Theory, which formed the backbone of the research. Additionally, the study utilized both qualitative and quantitative research methods. Non-probability sampling and snowball sampling were essential in selecting the research participants. To analyse the data, the researcher utilized content analysis, narrative analysis, discourse analysis, thematic analysis, and Microsoft Excel. The findings of this study were; that the basic rationale behind FGM practice is on account of socio-cultural norms and traditions associated with the rite of passage, marriageability, childbearing, women’s sexuality and spiritual connotations. The researcher uncovered that a woman who fails to undergo the cut is segregated, discriminated against, disrespected, and isolated from community affairs. Based on research findings, the researcher concluded that since FGM practice is embedded in social-cultural traditions, which is significant to the Maasai traditions and culture, there is a need for approaches toward the eradication of FGM to take into account the socio-cultural meaning of the practice. Furthermore, the socio-cultural aspect of FGM and other elements such as patriarchal structures, education, resources, and cooperation among stakeholders have impeded the observance of anti-FGM laws in Ngurumani, Kajiado West Sub-County. As such, the way forward in eradicating FGM is to consider these accounts and find alternative and acceptable ways for girls to undergo rites of passage, beyond passing laws and expecting enforcement and observance of these anti-FGM laws.