The Justice and Legal Affairs Committee chaired by Hon. George Gitonga Murugara (Tharaka) held public hearings on the Penal Code Amendment Bill, (2022).

The Bill sponsored by Hon. David Gikaria (Nakuru East), seeks to amend the Penal Code, Cap 63, by repealing section 182, which provides for offences relating to idle and disorderly persons. This  Section says idle and disorderly persons include; prostitutes behaving in an indecent manner in public spaces, anyone causing, procuring, or encouraging any person to beg or gather, every person who conducts themselves in a manner that breaches the peace, anyone who publicly acts in an indecent manner, and anyone who publicly solicits for immoral purposes.

The Committee received submissions from the office of the Attorney General, the Kenya Law Reform Commission (KLRC), the National Police Service (NPS) Independent Policing Oversight Authority IPOA), the Kenya National Commission on Human Rights KNCHR)  Mzalendo Trust and Uraia Board of Trustees.

A majority of the stakeholders supported the proposed repealing of the section arguing that criminalization and punishment of petty offenders in Kenya have over the years provided a basis for gross violation of human rights for poor and vulnerable populations especially those in cities and major urban centers in Kenya.

The National Police Service however expressed its reservations to the intended amendment and argued that the Section should be retained to preserve public morality and order in the context of public interest.

The second proposal that was considered by the Committee was that of Hon. Peter Kaluma (Homa Bay Town) who proposed to amend section 64 of the Anti-Corruption and Economic Crimes Act, (2003), by deleting the provision providing for the disqualification of persons convicted of corruption or economic crimes from being elected or appointed as public officers.

Hon. Kaluma told the Committee that there are other penalties provided under the Act adding that, the amendment he was proposing ought to be looked at in tandem with the provisions of section 48 that prescribes that if one is convicted they pay an additional penalty of Kshs1million and serve a jail term of 10 years or both." In section 48 sub-section (2), there is an additional penalty where there is a loss or benefit you are actually required to pay double the amount that is claimed. Therefore Chair, there is already enough punishment under Section 48. Having this additional punishment of prohibiting a person is beyond what is fair punishment", said Hon. Kaluma.