Is it a crime to marry off a girl, cut her or do virginity testing?
Children Act 2022 and Constitution of Kenya · sources read 4 Oct 2026
Yes. No one may subject a child to forced circumcision, female genital mutilation, child marriage, virginity testing, girl-child beading or any other cultural or religious practice likely to harm the child. The penalty is at least 3 years in jail, a fine of at least KSh 500,000, or both.
- Where
- Report to the police, area chief or children's officer (or call the child helpline 116); cases go to the Children's Court
Steps
- Anyone who believes a child is at risk can report to the nearest authorised officer: a police officer, chief, children's officer, teacher or doctor.
- A child who is at risk of FGM, child marriage or other harmful practices counts as a child in need of care and protection, so the officer can take steps to get a court order to keep the child safe.
- Cases where a person is charged with an offence against a child are heard in the Children's Court.
Watch out
- Child marriage includes simply living together with a child, or making any arrangement for it, not only a formal wedding.
- If a child dies because of forced circumcision, the person responsible can get life imprisonment.
- The Constitution also gives every child the right to be protected from harmful cultural practices.
Who this covers
- Every child (anyone under 18), girl or boy.
- Boys are protected from forced circumcision.
Official sources (2)
- The Children Act, 2022 (No. 29 of 2022), Kenya Gazette Supplement childrenservices.go.ke · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026