Sex workers’ clients should also be jailed, judge tells JSC panel

Lawyer Pamela Tutui when she appeared before the Judicial Service Commission interviewing panel for the position of judges of the Supreme Court in Nairobi yesterday. The only way to end prostitution in Kenya is by also arresting the men who seek the services of 'ladies of the night', Court of Appeal Judge Martha Koome has said. (PHOTO: EDWARD KIPLIMO/ STANDARD)

The only way to end prostitution in Kenya is by also arresting the men who seek the services of 'ladies of the night', Court of Appeal judge Martha Koome has said.

Justice Koome told the Judicial Service Commission interviewing her for the post of Supreme Court Judge if there were no customers, then the sellers would be forced to close shop.

“Prostitution is a worldwide problem. It is due to social problems that people encounter. If there is no demand for it, then it would end,” she said. “If we arrested the men driving around in big cars, women would not parade themselves.”

Koome said the the law was biased as only women found selling themselves were taken to court and charged, whereas their customers got away scot-free.

“If a prostitute is charged, where is the other prostitute (man)?” she posed.

The judge was also questioned about her stand on the authorisation of abortion to which she responded that she stood by the law, which stipulates when abortion should be carried out - if the mother’s life is in danger.

Panellist Tom Ojienda posed the question in relation to the recently freed Nigerian schoolgirls who were impregnated by Boko Haram rebels, who kidnapped them two years ago.

She said in the Kenyan context, keeping a child conceived out of rape was a personal choice, noting that there were those who are strong enough to keep the child while others chose to terminate such pregnancies.

Asked what qualified her to be a Supreme Court judge, she said she had the interests of the nation at heart going by her motherly nature. Koome told the panel she supported a children’s home in Nairobi’s Kayole estate besides other charitable initiatives in aid of vulnerable groups, especially the girl-child.

She said her 29 years' experience in the legal profession also put her in good stead to serve in the highest court in the land.

On the issue of some individuals being stateless despite being born in Kenya, the judge said that the law provided that one should be given citizenship if they had lived in the country for seven years or more.

Lawyer Pamela Tutui also appeared before the panel where she was asked whether a married woman’s earnings should be considered matrimonial property to be split between her and the husband in the event of divorce.

Ms Tutui answered in the affirmative but insisted that property acquired by the woman before the marriage should be treated separately.

Earlier this month, High Court judge Pauline Nyamweya opted to bow out of the race for both Deputy Chief Justice and Supreme Court judge after the nomination of Justice David Maraga as Chief Justice on account of coming from the same community as him.