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She claimed that prostitutes run their business openly and indecently.

“Aware that sections 153 and 154 of the Penal Code prohibits both men and women from living wholly or partly on earnings of prostitution or from soliciting, commercial sex workers now undertake their unlawful practice openly within the city centre,” Muasya said when she moved the motion on June 5.

The Penal code however does not provide for unfair arrests and abuse of their rights as Mike Wachira, Deputy Director for Centre for Rights Education and Awareness (CREAW) explained, adding that “the law criminalises living off proceeds of prostitution, but not the practice per se, unless it can be proved that they actually benefit from such.” ‘Nuisance’ offences In Nairobi, the sex workers are often arrested on grounds of being a ‘nuisance’.

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It has defied time, and vagaries of a fast growing town life to remain a profession that is viewed with suspicion and scorn.

Its baptism from the politically incorrect prostitution tag, to the more palatable ‘commercial sex work’ has not curbed the mixed feelings it arouses.

So, when a passionate discussion over ‘night nurses’ recently erupted in the Nairobi County Assembly, the house was left divided.

Nairobi has close to 10,000 female hookers, according to the Bar Hostess Empowerment and Support Programme (BHESP), which is what prompted nominated MCA Jane Muasya, to table a motion seeking to ‘strip’ them out of the city.

Pressure groups, however, think the by-laws used to arrest and prosecute sex workers in Nairobi are archaic and should be expunged.

BHESP told that the by-laws have been overruled by the current constitution passed in 2010.

“It’s hard to be proved (in court) that these women live off prostitution proceeds, and that is why when the county askaris arrest them, they are charged with loitering.

But how do you tell if someone wants to commit prostitution? The motion to ban prostitution was passed with 28 votes after the acclamation tied twice.

Thirteen MCAs opposed it and three abstained, but many members opposed to the law stepped out of the House after a contention on the acclamation method.

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