NAIROBI – Chief Justice Martha Koome, through the National Council on the Administration of Justice which she chairs, has sparked dialogue with her recent proposal to amend the Penal Code to reduce penalties for prostitution in Kenya.
The Atheists In Kenya Society, led by its President, Harrison Mumia, has lauded CJ Koome’s move. They expressed support for the proposed deletions of Sections 153, 154, and 155 from the Penal Code. These sections currently impose a prison sentence of up to three years for individuals involved in prostitution, applicable to both men and women.
The society’s statement declared, “Prostitution, as per this draft Bill, will remain an offence, but will not incur imprisonment. Instead, alternative means will be used to address such petty offences. We see this as progress.” Moreover, the society underscored their stance on the matter, asserting that prostitution should not just be decriminalized, but also legalized. They appealed to CJ Koome to extend further freedoms to sex workers.
Mumia strongly advocated for equal treatment of sex workers under the law. He said, “Sex workers should enjoy the same legal protections as anyone else. They should be able to carry on their work without the constant dread of violence or arrest, gain access to healthcare and other services without facing prejudice, and pursue justice when wronged.”
He further emphasized that decriminalizing the trade would pave the way for the well-being and safety of sex workers. By moving away from stringent laws, sex workers could emerge from unsafe environments and receive protection from the law instead of being its target.
The Penal Code’s current stance on prostitution, as detailed in sections 153, 154, and 155, penalizes those involved with imprisonment for up to three years.
The proposed changes, notably the removal of Section 153, would eliminate the penalty for “every male person who knowingly lives wholly or in part on the earnings of prostitution or persistently solicits or importunes in public for immoral purposes.” Additionally, Section 153 had earlier stated that any male associated with or controlling a prostitute could be deemed as profiting from the earnings of prostitution.
Similarly, Section 154 dictates that any woman found guilty of living on the earnings of prostitution, either wholly or partly, or using it for gain is committing a felony.
In a significant departure from these stances, the Judiciary wishes to categorize prostitution as a minor offence under county by-laws. As a remedy, they’ve suggested various alternative penalties, including conditional discharges, compensation orders, suspended sentences, community service under the Community Service Orders Act, and rehabilitation.
However, these proposed alternative penalties were conspicuously absent from the Penal Code Amendment Bill 2023. Upon inquiry by TheAfricanWatch.ocm, the Judiciary stated these alternatives were documented in a report submitted to Parliament with the bill. The Judiciary, however, declined to provide this report, stating, “The accompanying report and Bills are now the property of Parliament.”
As the debate continues, many await to see how these changes will reshape Kenya’s stance on prostitution and the rights of those involved.