The Functions of the Anti-FGM Board in Kenya

The Anti-Female Genital Mutilation Board (Anti-FGM Board) in Kenya plays a critical role in combating Female Genital Mutilation (FGM), a practice that infringes on the rights and well-being of women and girls. Established under the Prohibition of FGM Act, the board’s functions include:

1. Advocacy and Awareness: Raising awareness about the dangers and legal consequences of FGM to discourage the practice and educate communities.
2. Policy Development and Implementation: Formulating and implementing policies aimed at eradicating FGM, working alongside governmental and non-governmental organizations.
3. Coordination and Support: Coordinating actions among various stakeholders, including government entities, NGOs, and community leaders, to enhance efforts against FGM.
4. Monitoring and Reporting: Monitoring the prevalence of FGM practices and compiling reports on progress made towards its eradication.
5. Legal Enforcement Support: Assisting in the enforcement of the Prohibition of FGM Act by working with legal and law enforcement agencies to ensure perpetrators are prosecuted.
6. Protection and Support for Victims: Providing support services to victims of FGM, including access to medical, psychological, and legal assistance.
7. Research and Education: Conducting and supporting research on FGM to inform policies and programs, and promoting educational campaigns to change attitudes and norms that perpetuate FGM.
8. Resource Mobilization: Securing resources for anti-FGM activities, including funding for programs aimed at the prevention and elimination of FGM.

By carrying out these functions, the Anti-FGM Board seeks to protect the rights of women and girls in Kenya, ensuring their physical and psychological integrity is not violated through FGM practices. The Board’s efforts are crucial in fostering a societal shift towards the abandonment of FGM and promoting gender equality and human rights.

“Sexual reassignment procedure” in this Act means any surgical procedure that is performed for the purposes of altering (whether wholly or partly) the genital appearance of a person to the genital appearance (as nearly as practicable) of a person of the opposite sex;

Prohibition of Female Genital Mutilation Act

The Anti-Female Genital Mutilation Board in Kenya, as a body corporate, possesses specific legal capacities and responsibilities to effectively carry out its mandate under the Prohibition of FGM Act. These capabilities include:

1. Legal Capacity: The Board has the ability to sue and be sued in its corporate name, providing it with the legal standing to initiate or defend against legal actions in court.
2. Property Management: It has the authority to acquire, hold, charge, or dispose of both movable and immovable property. This allows the Board to manage assets and resources necessary for its operations.
3. Financial Authority: The Board can borrow money or make investments to finance its activities and initiatives aimed at combating FGM. This financial autonomy is crucial for sustaining its operations and funding programs.
4. Contractual Powers: It has the capability to enter into contracts, which is essential for engaging service providers, partnering with other organizations, and facilitating various transactions necessary for executing its functions.
5. Operational Flexibility: The Board is empowered to perform all acts or things that are necessary for the proper performance of its functions under the Act. This broad operational mandate ensures that the Board can undertake a wide range of activities to effectively combat FGM.

These powers and capabilities enable the Anti-FGM Board to function as an autonomous entity, equipped to implement strategies, manage resources, and engage with various stakeholders in the effort to eradicate Female Genital Mutilation in Kenya.

Composition Of The ANTI-FGM Board Kenya

The Anti-Female Genital Mutilation (FGM) Board in Kenya is structured to include a diverse range of members who bring expertise from various sectors relevant to the fight against FGM. The composition of the Board is as follows:

1. Chairperson: Appointed by the President of Kenya, the chairperson leads the Board and oversees its activities.
2. Principal Secretary for Gender: Either the Principal Secretary of the Ministry responsible for gender matters or their duly appointed representative is a member, ensuring the integration of gender perspectives in the Board’s activities.
3. Principal Secretary for Finance: The Principal Secretary of the Ministry responsible for finance or their representative is included, which helps in financial planning and resource allocation for anti-FGM initiatives.
4. Principal Secretary for Health: This member, either the Principal Secretary of the Ministry responsible for health or their representative, ensures that health-related aspects of FGM are adequately addressed.
5. Principal Secretary for Education: The Board includes the Principal Secretary of the Ministry responsible for education or their representative, highlighting the role of education in preventing FGM.
6. Principal Secretary for Youth Affairs: This member, either the Principal Secretary of the Ministry responsible for youth affairs or their representative, ensures the interests and participation of youth are considered in anti-FGM efforts.
7. Three Appointed Members: Three additional members are appointed by the Cabinet Secretary, providing the Board with a broader perspective and expertise in various areas related to FGM.
8. Chief Executive Officer: The CEO of the Board, who manages the day-to-day operations and execution of the Board’s mandate.

Each appointed member, other than ex officio members, serves for a single term of six years and is not eligible for re-appointment. This structure is designed to ensure that the Board has the necessary authority, expertise, and representation to effectively coordinate and implement strategies to combat FGM in Kenya.

Functions of the Anti-FGM Board in Kenya

1. Public Awareness Programmes: The Board designs, supervises, and coordinates public awareness campaigns against female genital mutilation (FGM), aiming to educate and inform the public about the dangers and illegality of the practice.
2. Advisory Role: It advises the government on matters relating to FGM and the implementation of the Anti-FGM Act, providing guidance on policy and legal frameworks.
3. Policy Formulation: The Board is responsible for designing and formulating policies on the planning, financing, and coordination of activities related to the eradication of FGM.
4. Support to Institutions: It provides technical and other support to institutions, agencies, and bodies engaged in programs aimed at the eradication of FGM, enhancing their capacity to combat the practice.
5. Programme Design: The Board designs programmes specifically aimed at eradicating FGM, utilizing research and data to create effective strategies.
6. Resource Mobilization: It facilitates the mobilization of resources for programs and activities aimed at eradicating FGM, ensuring there are sufficient funds and resources to carry out these initiatives.
7. Additional Functions: The Board performs other functions as may be prescribed by law, adapting to evolving needs and legal requirements in the fight against FGM.

Powers of the Anti-FGM Board

1. Contractual Authority: The Board has the power to enter into contracts to facilitate its operations and initiatives against FGM.
2. Asset Management: It manages, controls, and administers its assets to promote the purpose for which it is established, ensuring effective resource utilization.
3. Financial Planning: The Board determines provisions for capital and recurrent expenditure and for the reserves of the Board, maintaining financial stability and sustainability.
4. Funding and Disbursements: It can receive grants, gifts, donations, or endowments and make disbursements from these for legitimate purposes related to its mandate.
5. Associations and Partnerships: The Board can associate with other bodies or organizations, both within and outside Kenya, to further its objectives.
6. Banking and Finance: It is authorized to open banking accounts and invest funds not immediately required, ensuring prudent financial management.
7. Activity Undertaking: The Board can undertake any activity necessary for the fulfillment of its functions, providing flexibility in its operations.

Chief Executive Officer of the Board

• Term and Conditions: The CEO holds office for up to five years, with terms and conditions set by the Board, and is eligible for re-appointment.
• Responsibilities: The CEO is responsible for the day-to-day management of the Board, directing its affairs and transactions, and ensuring the objectives, functions, and duties of the Board are carried out efficiently.
• Board Relation: As an ex officio member of the Board, the CEO participates in meetings without voting rights and also serves as the secretary of the Board.

The Anti-FGM Board in Kenya, through these functions, powers, and leadership structure, is strategically positioned to combat FGM effectively, working towards its eradication and supporting the welfare of women and girls in Kenya.