CJ Koome Proposes Bill to Decriminalise Prostitution
Men and women who engage in sex work in Kenya will no longer be fined or imprisoned if a new bill proposed by the Judiciary becomes law.
The Penal Code (Amendment) Bill, 2023, which was presented to Parliament by Chief Justice Martha Koome, aims to amend the country’s treatment of capital and criminal offenses.
Sections 153, 154, and 155 impose a maximum 3-year incarceration sentence for prostitution.
However, the Judiciary proposes to delete the three sections from the Penal Code; if the measure is passed, the offenses will no longer be recognized.
Section 153 of the current statute defines male prostitution as follows: a male who lives off the proceeds of prostitution, is proved to live with a prostitute, or has assisted in the act of prostitution is guilty of a felony.
“The principal Act is amended by deleting section 153 which states: Every male person who knowingly lives wholly or in part on the earnings of prostitution; or in any public place persistently solicits or importunes for immoral purposes, is guilty of a felony,” reads part of the Penal Code.
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“Where a male person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting or compelling her prostitution with any other person, or generally, he shall unless he satisfies the court to the contrary be deemed to be knowingly living on the earnings of prostitution.”
According to Section 154 of the Penal Code, the same pertains to women.
“Every woman who knowingly lives wholly or in part on the earnings of prostitution, or who is proved to have, for gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person, or generally, is guilty of a felony,” reads part of the Penal Code.
In addition, Section 155 stipulates that a magistrate must issue a warrant authorizing any law enforcement officer to enter, search, and apprehend the inhabitants of any house used for prostitution and where the inhabitants live off the proceeds of the act.
According to the Judiciary, the bill aims to modify how the Judicial system handles violations of human rights.
CJ Koome Proposes Bill to Decriminalise Prostitution
