President William Ruto has referred the Penal Code (Amendment) Bill back to the National Assembly with reservations.
National Assembly Speaker Moses Masika Wetang’ula announced that the House received a memorandum from President Ruto requesting reconsideration of the Penal Code (Amendment) Bill (2022).
The Bill, initially sponsored by Nakuru Town East MP David Gikaria sought to repeal Section 182 of the Penal Code, which criminalizes being an “idle and disorderly person.”
Gikaria proposed to amend Section 182 of the Penal Code which lists those engaging in commercial sex work in public places, beggars, and drunkards causing a breach of peace as idle and disorderly.
Ruto Expresses Concerns
Wetangula said the President expressed concern that eliminating the offense without establishing alternative measures could lead to an increase in disruptive or indecent public behavior.
The memorandum argues that repealing Section 182 would “render certain indecent, immoral or disruptive public conduct to be acceptable.”
“The President has expressed his reservations on clause 2 of the Bill and notes inter alia, that were the Bill to be assented to in its current form without offering alternative offences or sanctions, the Bill will render certain indecent, immoral or disruptive public conduct to be acceptable”, said Wetang’ula.
In the communication, President Ruto recommended the deletion of Clause 2, the primary component of the Bill, which proposes the repeal of Section 182.
“A blanket decriminalization of conduct that a majority considers delinquent undermines the reputation of the law as a reliable moral authority that should be obeyed. The President recommends deletion of the said clause of the Bill which a matter of fact is the primary content of the Bill,” Wetang’ula added.
In accordance with Standing Order 102 the House should consider the President’s reservations within 21 days upon receipt of a memorandum.
“The memorandum from the President now stands committed to the Departmental Committee Justice and Legal Affairs for consideration,” the Speaker said.
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Offences Under Section 182 & Punishments
Under Section 182 of the current Penal Code, individuals found guilty of the offense of “Idle and Disorderly” may face one month imprisonment or a fine not exceeding KSh100 for the first offense, and imprisonment for one year for subsequent offenses.
This category includes offenses such as procuring or encouraging any person to beg or gather alms, publicly conducting oneself in a manner likely to cause a breach of the peace, committing any indecent acts without lawful excuse publicly, soliciting for immoral purposes in public places, and prostitution.
The current law further provides that the police can arrest anyone they perceive to be idle and disrupts peace based on mere suspicion or intent.
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The Bill’s Proposals
Even though the bill maintained the illegality of such behavior it proposed that victims are not automatically arrested, prosecuted, and imprisoned.
It proposed alternative punishments such as issuing verbal sanctions upon arrest, community service, and attendance at rehabilitation centers.
The bill also proposed the repeal of the offense of bigamy since such matters can be addressed through civil proceedings in divorce cases rather than criminal proceedings.
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