Inside CJ Koome's bill to legalize prostitution

Nairobi, 

Tuesday, 24 October, 2023 

McCreadie Andias 

Chief Justice Martha Koome has presented two bills to parliament that seek to make changes in the penalties given to capital offenders.

The bills, Penal Code (Amendment) Bill 2023 and Criminal Procedure Code (Amendment) 2023, seek to reduce the sentences of murderers, sex offenders, and those facing life in prison to 30 years. 

Under the current law, Sections 153, 154 and 155, penalise prostitution and impose a prison sentence of up to 3 years.

However, if the Bill Penal Code (Amendment) Bill, 2023, presented by Chief Justice Martha sails through, the three sections in the penal code criminalizing sex work will be declared null and void. 

Under the current law, Section 153 defines male prostitution as: a male person who lives on the earnings of prostitution or is proven to live with a prostitute or has aided 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.

"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 Amendment bill reads in part. 

The same also applies to women under Section 154 of the Penal Code.

"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.

In addition, Section 155 provides that in any house that is used for the purpose of prostitution and the inhabitants live on the earnings of the act, a magistrate is required to issue a warrant authorising any police officer to enter and search the house and arrest such persons.

The Amendment bill, according to the Judiciary, seeks to change how the Judicial system deals with offenses involving human rights.