The Atheists in Kenya Society has applauded Chief Justice Martha Koome for proposing less punishment for prostitution This is through the Penal Code Amendment Bill, 2023.
CJ Martha Koome proposed the deletion of sections 153, 154, and 155 of the Penal Code. These sections impose a prison sentence of up to 3 years for the sex workers found guilty, whether male or female. She made the proposals through the National Council on Administration of Justice, which she chairs.
“Prostitution, according to this draft bill, will still be an offence, but not punishable through imprisonment but through the use of alternative modes of handling petty offences. This is progress,” the statement from Mumia read in part.
Atheists advised the Chief Justice to offer sex workers more freedom. They further mentioned that prostitution ought to be decriminalized and even legalized further down the line.
Harrison Mumia, the president of the atheist society, welcomed the proposals from the CJ. He stated that sex workers ought to be treated equally under the law. This includes having equal access to all services as every other worker.
”They deserve the same legal protections as anybody else. They should be able to maintain their livelihood without fear of violence or arrest, access health care and other services without discrimination, and seek justice when they are harmed,” the statement further read.
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Decriminalisation of sex workers
This decriminalization, according to Mumia, would help sex workers come out from the dangerous margins and into the light where people are protected and not targeted by the law.
“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 proposed changes.
Section 153 states that “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 added that a woman who also knowingly lives wholly or in part on the earnings of prostitution or who is proved to have, for the purpose of gain, is guilty of a felony.
The alternative methods of punishment to be used in place of imprisonment include conditional discharges, restitution or a compensation order to the victim, suspended or deferred sentences, community service under the Community Service Orders Act, and rehabilitation. These alternatives are better placed to deal with petty offences and would help in the decriminalization of sex work.
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