TIME TO STAND UP FOR PROSTITUTION

While it may be extremely difficult for the predominantly conservative Kenyan adult, male and female alike, to readily admit to prostitution, it’s no doubt that the trade is older than the country. Prostitution is commonly spoken of as the oldest profession in the world with earliest human records indicating about 4000BC. Even so, those in the know will still fearsomely offer a sneak peak of one of the most secretive yet so ripe, popular and perhaps most liked vice in the country apparently considered to be morally wrong.

As many would concur, prostitution in Kenya has grown tremendously over the years to such an extent that it’s today considered a major complimentary business for bars, nightclubs, hotels, resorts and guesthouses, particularly in major towns like Nairobi, Mombasa and Kisumu, just to mention but a few. But while prostitutes in the coastal town tend to prey on the thousands of foreigners and none coastal natives who flock the coastal region with their deep pockets and money bags, their counterparts in Nairobi and Kisumu, especially the former, boast of a completely developed and thriving domestic market.

The city in the sun is endowed with numerous brothels where Sabina Joy tops the list. Other popular whorehouses include Tea Room, Aden, Amar and Kitale Hotels, Reke Marie, Modern Green and many, many other places some conveniently discreet. They are strategically located in the city to such an extent that one may sure wonder if they were literally planted or just found there in the first place.

But before we give our judgments it’s important to note that this is the same country where youths, including graduates from premier institutions of higher learning, have found it extremely difficult to get the so-called white collar jobs. Even the brightest of students still find it herculean to fulfill what some of us consider to be far-fetched dreams. That’s now where the prostitution topic comes in.

Prostitution has had an immense effect in the Kenyan market to the extent that not one or two, but thousands rely on it for a living and as a primary source of income. Illegal or otherwise, they sell their bodies to willing buyers and manage to fend for themselves, their families and even raise children. The International Labour Organization report admits that most women 'choose' prostitution for economic reasons. Perhaps what others do not know is that there exists Kenya Union of Sex Workers whose mandate is to oversee the “delicate” welfare of sex workers in the country and safeguard their interest. It’s a union like any other, say Kenya National Union of Teachers or even Matatu Owners Association which have been caring for their members.

When answering to the call of duty in the ever-demanding market which is flooded with sex enthusiasts, prostitutes boost other people’s businesses by buying alcoholic drinks and beverages, board taxis and book hotel rooms. The result is that businesses that partially or completely rely on prostitution tend to flourish while also actualizing the dream of 24-hour economy. As such, it should not be forgotten that Kenya is East Africa’s economic powerhouse and one of its major milestones that has until now conspicuously not been fully achieved is a round the clock economy. It remains to be seen when it will be completely accomplished but so far the prostitution industry has made enormous steps towards its realization.

The industry has also been helpful to single men, perverts and unsatisfied married men who subscribe to the fact that sex is a basic need for adults. It is in the public domain that high and mighty personalities in the society such as politicians, prominent businessmen, popular sportsmen and even clergy have reportedly been involved in this trade. It’s no doubt that there are those men who, to put it generously, consider sex by their wedded or come-we-stay wives not sufficient but want to keep their marriages intact thereby still going ahead to secretly promote prostitution by participating. These people have significantly contributed to the growth of prostitution. They have not only been kind enough to make others feel their generosity and reap a living, but also conscious enough to erroneously protect the institution of marriage from crumbling down.

With all these positives, it remains to be seen whether the highly conservative communities in Kenya will emulate countries like Netherlands where prostitution is hugely appreciated for what it is and how it benefits the actors. As some continue to cling to their traditions while secretly practicing or get pulled to practice prostitution, it can only be argued out that human nature cannot be against prostitution, or perhaps spontaneous sex.

In Kenya there are no laws that legalize prostitution nor are there such that criminalize it. Article 154 of the Penal Code does not expressly forbid the act of prostitution but only the act of living off the earnings of this trade. In 2010, the UN secretary general Ban Ki Moon convened the Global Commission on HIV and the Law which was mainly geared towards decriminalization and being rid of “punitive” laws against prostitution worldwide.

Prostitution should not be perceived as a crime. Prostitutes are not committing an inherently harmful act. While the spread of sexually transmitted diseases and other detriments are possible in the practice of prostitution, criminalization is a sure way of exacerbating rather than addressing such effects. A study released by Spectrum Network International in October 24^th, 2014 indicated that majority of Kenyans want commercial sex work legalized and regulated to curb the spread of HIV and Aids. What needs to be done is engaging in concerted effort aimed at protecting the rights and privileges of prostitutes using a proper legal framework that safeguards their interests and those of stakeholders. Time is therefore ripe to formalize prostitution.