Garissa Chief Magistrate Thomas Mwangi has raised a critical concern regarding the widespread practice of female genital mutilation (FGM) in the region, highlighting the significant barriers preventing victims from seeking justice. During a public engagement forum, Mwangi noted that while FGM remains rampant in Garissa, cases rarely make it to court due to a lack of complaints from victims, who are oftn5n constrained by cultural norms.
“FGM is still a problem here. It is rampant, but the interesting thing is that not many of these cases end up in court because there is no complainant,” said Mwangi. This worrying observation reflects the harsh reality many women and girls face in the region, where FGM is not only a deeply rooted cultural practice but one that also silences its victims. According to UNICEF data, the majority of FGM cases occur before the age of 10, with Garissa being among the 22 counties in Kenya with the highest prevalence of the practice. The Somali community, which forms a large part of Garissa’s population, has the highest FGM prevalence rate at an alarming 98%, followed by the Samburu at 94%.
The chief magistrate further expressed concerns that cultural pressures often prevent victims from speaking out. “Victims do not have a chance to express themselves because of the culture,” Mwangi lamented. This cultural silence not only makes it difficult to address the issue but also leaves the victims in a vulnerable and helpless position. Many young girls who suffer from FGM are denied a platform to share their experiences, and as a result, justice is rarely served.
While Mwangi acknowledged the importance of alternative dispute resolution (ADR) mechanisms in addressing some forms of disputes, he cautioned against using them in criminal cases such as FGM, sexual offenses, and robbery with violence. “We cannot recommend cases such as those involving FGM to be resolved using alternative justice systems. For other non-criminal cases, ADR may be effective, but criminal cases need to go through the court system,” he stated. ADR, which includes methods like reconciliation, mediation, and arbitration, can be useful in easing case backlogs, but it must not replace the formal justice system in serious criminal matters.
The situation in Garissa underscores a need for more robust legal and social frameworks to protect vulnerable girls from FGM and ensure they have the means to seek justice. It is clear that a change in cultural attitudes, combined with stronger support systems for victims, is necessary to combat this harmful practice and uphold the rights of women and girls in Garissa and beyond.
