[Rev. 2012] Prohibition of Female Genital Mutilation CAP. 62B (3) No offence under subsection (1) is committed by an approved person who performs— (a) a surgical operation on another person which is necessary for that other person’s physical or mental health; or (b) a surgical operation on another person who is in any stage of labour or has just given birth, for purposes connected with the labour or birth. (4) The following are, for the purposes of this Act, approved persons— (a) in relation to an operation falling within paragraph (a) of subsection (3), a medical practitioner; (b) in relation to an operation falling within paragraph (b) of subsection (3), a medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming a medical practitioner or midwife. (5) In determining, for purposes of subsection (3)(a), whether or not any surgical procedure is performed on any person for the benefit of that person’s physical or mental health, a person’s culture, religion or other custom or practice shall be of no effect. (6) It is no defence to a charge under this section that the person on whom the act involving female genital mutilation was performed consented to that act, or that the person charged believed that such consent had been given. 20. Aiding and abetting female genital mutilation A person who aids, abets, counsels or procures— (a) a person to commit an offence under section 19; or (b) another person to perform female genital mutilation on that other person, commits an offence. 21. Procuring a person to perform female genital mutilation in another country A person commits an offence if the person takes another person from Kenya to another country, or arranges for another person to be brought into Kenya from another country, with the intention of having that other person subjected to female genital mutilation. 22. Use of premises to perform female genital mutilation 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. 23. Possession of tools or equipment 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. P35 - 11 [Issue 1]