Chief Justice Martha Koome is seeking to decriminalize activities by male and female sex workers in the country.
In the Penal Code (Amendment) Bill, 2023, which has been presented to Parliament, Koome proposed the removal of section 153, 154 and 155 that seeks to punish sex workers.
If passed into law, ‘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’ will not be guilty of any offence.
Notably, the above-mentioned persons are guilty of a felony under the current penal code.
“The Principal Act is amended by deleting section 153, 154,155,” the proposed bill reads in part.
Changes Koome is Making for Male and Female Sex Workers
At the same time, CJ Koome seeks to scrap of the law which stated that men found living with a prostitute or compelling her prostitution will be considered to be living within the earnings of prostitution.
“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,” the 2003 Act no 5 reads in part.
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Female Sex Workers
Moreover, the CJ seeks to remove a section of the penal code which indicates that a woman who lives off the earning of prostitution is guilty of a felony.
“Every woman who knowingly lives wholly or in part on the earnings of prostitution, or who is proved to have, for the purpose of 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,” the Kenyan Penal Code states.
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Premises Used for Prostitution
Nonetheless, section 155 of the Kenyan Penal Code indicates that a magistrate has the authority to send police officers to search a house suspected to be used for prostitution.
However, Koome intends to completely remove the law in her new proposals, meaning that if passed, it will no longer be unlawful to use a house or part of it for prostitution.
“If it is made to appear to a magistrate by information on oath that there is reason to suspect that any house or any part of a house is used by a woman or girl for the purposes of prostitution,
“And that any person residing in or frequenting the house is living wholly or in part on the earnings of the prostitute, or is exercising control, direction or influence over the movements of the prostitute, the magistrate may issue a warrant authorizing any police officer to enter and search the house and to arrest such person,” adds the Penal Code.
