Assessing the Effects of Selective Enforcement of Anti-prostitution Laws in Kenya: the Case of Kasarani Sub-county Sex Workers
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Date
2020Author
Mugamangi, Edigah K
Type
ThesisLanguage
enMetadata
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This research assesses the effect of selective enforcement of anti-prostitution laws on sex workers
in Kasarani in Nairobi County. The study distinguishes the term sex work and prostitution in that
prostitution implies criminality, which has the effect of denying sex workers access to fundamental
human rights such as health and access to justice. On the other hand, sex work is described as
sexual services between two consenting adults for commercial gain.
Sex work is criminalized under section 153 and 154 of the Penal Code Chapter 63 of the Laws of
Kenya. However, arrests and prosecution for sex work are rarely based on these provisions as it is
challenging to prove. Instead, they are based on county by-laws, for example, the Nairobi city bylaw
which criminalizes prostitution by stating under ‘’general nuisance’’ section that, “loitering,
importuning or attempting to procure a female /male for prostitution is an offence”.
Laws are designed to protect citizens and when exercised arbitrarily can infringe on human rights.
Therefore, the threefold purpose of this research is: (a) to establish which human rights are
violated; (b)to establish the effects of enforcement of the anti-prostitution laws on the human rights
of sex workers; and (c) to examine how decriminalization of sex work would ensure the protection
of human rights of sex workers. The research investigates the existing laws that criminalize sex
work and the role of enforcement officers in the criminal justice process in enforcing antiprostitution
laws.
This research highlights the various instances where human rights of sex workers are violated by
different actors in the criminal justice system, including by members of the public. The research.................
Publisher
University of Nairobi
Subject
Anti-prostitution LawsRights
Attribution-NonCommercial-NoDerivs 3.0 United StatesUsage Rights
http://creativecommons.org/licenses/by-nc-nd/3.0/us/Collections
- Faculty of Arts [605]
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