Kenya: CJ Martha Koome Proposes Bill to Decriminalise Prostitution
“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,”
Constitutional lawyer Bobby Mkangi confirmed that the removal of a section under the Penal Code means that it may result in the legal non-recognition of the offence.
“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,”
This will also apply to women under Section 154 of the Penal Code. Part of the penal code reads,
“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,”
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