Kenyans who engage in sex work, both men and women, may no longer face fines or jail terms if a new bill proposed by the Judiciary becomes law.
The Penal Code (Amendment) Bill, 2023, introduced by Chief Justice Martha Koome to Parliament aims to make changes to the classification of capital and criminal offences in the country.
Sex work, also known as prostitution, is currently an offence in Kenya, punishable by up to three years in prison, as outlined in Sections 153, 154, and 155 of the Constitution.
However, the Judiciary is proposing to delete the three sections of the Penal Code, which would mean that the offences would no longer exist if President William Ruto signs the bill into law.
Section 153 currently defines male prostitution as a male person who lives on the earnings of prostitution, is proven to live with a prostitute, or has aided in the act of prostitution and 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.
“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.”
Section 154 of the Penal Code sees the same offence applied to women.
“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,” reads part of the Penal Code.
Furthermore, Section 155 requires a magistrate to issue a warrant authorising any police officer to enter and search any house used for prostitution and the inhabitants to live on the proceeds of the act.
According to the World Bank, prostitution has become a common survival strategy in Kenya, a country where 34 to 42% of the population lives below the poverty line.
Over 200,000 people work in the sex industry across the country. Nairobi alone has over 40,000 sex workers.
However, the lack of regulation in the sector leads to systematic violations of women’s rights.
Other issues include social stigma, violence by customers or police, unjustified arrests, and a situation that can lead to serious physical and mental consequences.
