Assessing the Effects of Selective Enforcement of Anti-prostitution Laws in Kenya: the Case of Kasarani Sub-county Sex Workers

Abstract

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.................