Kenyan Atheists Laud Chief Justice Koome for Proposing Lesser Punishment for Prostitution

Chief Justice Martha Koome's proposal to amend the Penal Code and reduce the punishment for prostitution has been commended by the Atheists In Kenya Society.

The society, led by President Harrison Mumia, expresses its support for the removal of Sections 153, 154, and 155 of the Penal Code, which currently imposes a prison sentence of up to 3 years for sex workers. The proposed changes would still regard prostitution as an offence, but it would be dealt with using alternative methods for handling minor offences. In their statement, the society emphasizes the importance of decriminalizing and legalizing prostitution and urges Chief Justice Koome to grant sex workers more freedom. They also emphasized the need for equal treatment and access to services for sex workers under the law.

The current provisions in the Constitution, which include imprisonment for those found guilty of prostitution, apply to both men and women. The proposed changes state that engaging in prostitution or persistently soliciting for immoral purposes in a public place is a felony. The Chief Justice seeks to remove Section 153, which pertains to living with or having control over a prostitute, as it implies aiding or compelling prostitution. Section 154 states that a woman who depends on prostitution for financial support or engages in it for gain is also guilty of a felony.

The Judiciary proposes treating prostitution as a minor offence under county by-laws, offering alternative punishments such as conditional discharges, restitution, compensation orders, suspended or deferred sentences, community service, and rehabilitation. In a statement, the Judiciary assures of their involvement in a report presented to Parliament alongside the Penal Code Amendment Bill 2023.