City sex workers face jail term under new nuisance law
By Pkemoi Ng'enoh and Josephat Thiong’o | September 7th 2021
City sex workers risk being jailed for six months after the Nairobi County Nuisance Act 2020 was signed into law by Deputy Governor Anne Kananu.
The Act aims to control nuisances in public places including spitting and blowing the nose without a handkerchief.
Those found on the wrong will be fined between Sh10,000 and Sh500,000 or face six to 12 months imprisonment.
Commercial sex workers will also be liable to a six-months jail term or Sh10,000 fine or both.
Constitutional lawyer Danstan Omari clarified that as provided for in the Constitution, the deputy governor does not have substantive powers of the governor.
But making reference to a recent judgment n the Anne Kananu vs Mike Sonko case at the High Court following the latter’s impeachment, he said, the court emphatically granted the acting governor permission to wield such powers.
“In terms of case law, she has all the mandate to carry out the functions of the office of governor including signing Bills. That ruling is what gave her that mandate. Many do not agree with her actions but absence of a substantive governor necessitated this,” he said.
“The court interpreted the law based on the peculiar circumstances of Nairobi city county. The judges were looking at whether to totally cripple operations of the county government because it cannot run without a governor,” he added.
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