A new Bill seeking to lessen the punishment sex workers face in Kenya has been submitted to parliament.
However, prostitution will still be illegal in the country but with less severe punishments.
Under the current law, anyone convicted of prostitution is jailed for up to three years.
If the proposed Bill sails through, those found guilty will be punishable through alternative methods including verbal sanctions, conditional discharge, community service, rehabilitation and probation.
The Penal Code (Amendment) Bill, 2023 by the National Council on the Administration of Justice(NCAJ) also takes away the courts powers to issue search warrants for prostitution premises.
The Bill which was presented to Parliament by the National Committee on Criminal Justice Reforms(NCCJR) seeks to delete sections 153 and 154 of the Penal Code.
The two sections criminalise living on earnings of prostitution by both males and females.
It further wants section 155 of the Penal Code to be repealed.
The section gives the court authority to issue a warrant to enter into a house believed to be used for prostitution.
In the Penal Code Act, which is the primary legislation that defines criminal offenses and their corresponding penalties, sex work is criminalised under the above sections including 156, 157 and 183.
As they are, the sections provide that it is a felony to live on earnings of prostitution, solicit for immoral purposes in public places, manage a brothel, be found in one, or use your house or any part of it for prostitution.
Under the current law, Section 153 states that "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".
It further states that a male person can be deemed to be knowingly living on the earnings of prostitution if he is proved to live with or exercise control over the movements of a prostitute.
This is in such a manner as to show that he is aiding, abetting, or compelling her prostitution with any other person, or generally.
Further, Section 154 of Cap 63 of the Penal Code states that "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".
Under Section 155 on premises used for prostitution, a magistrate is allowed to issue a warrant authorising any police officer to enter and search a house believed to be used for the sex trade and arrest the person using it for such.
This is if it is made to appear to a magistrate by information on oath that there is reason to suspect that a house or any part of a house is used by a woman or girl for the purposes of prostitution.
Further, if it is testified that any person residing in or frequenting the house is living wholly or in part on the earnings of the prostitute, or is exercising control, direction or influence over the movements of the prostitute.
According to the Legal Information Institute, decriminalisation is the process through which the legislature removes criminal sanctions provided for by an Act, omission, article or behaviour considered a crime.
It means that the act will remain illegal, but the legal system will not prosecute a person for such an act.
The punishment can range from no penalties to civil fine.
Legalisation is the process of removing all legal prohibitions against the act.
