Define s*xtortion as punishable cr*me, MPs say

Lawmakers want the Sexual Offences Act and the penal code amended to ban those in positions of power from coercing individuals into providing sexual favours whenever they are seeking for services.

 The MPs raised concerns that the demands for sex in exchange of essential resources, services and opportunities is both an infringement of human rights and a significant obstacle to achieving development goals.

While supporting a petition by Nairobi county Woman Representative Esther Passaris, the MPs regretted that our current laws do not specifically, recognise or define sextortion as a form of sexual exploitation, harassment and corruption, thus hindering effective prosecution and victim protection.

Said Passaris: “Therefore, your humble petitioners pray that the National Assembly, through the Public Petitions Committee, propose amendments to the Penal Code, Sexual Offences Act, and other relevant criminal laws to explicitly define sextortion as an offence, make clear provisions on penalties, support for victims and for connected purposes; and take any other measures necessary and appropriate in the circumstances of this petition to address the menace of sextortion to protect the rights and dignity of all citizens.”

 Passaris regretted that, although Section 37 of the Computer Misuse and Cybercrime Act, 2018 addresses certain aspects related to sextortion, there remains a critical need to comprehensively address the issues within the broader legal context;

 She raised concerns that sextortion disproportionately affects vulnerable women and girls due to poverty, lack of education, political disenfranchisement and various forms of disability.

 She said: “That the unchecked prevalence of sextortion not only inflicts immediate harm upon individuals but also undermines efforts to empower women and ensure their full and equal participation in society, thus impending sustainable development.”

 The move by Passaris comes just days after a video emerged allegedly showing Nairobi County Assembly Speaker Kennedy Ng’ondi forcing ward representative Fatuma Abdiwahid Abey to shake his hand contrary to the dictates of her Islamic faith.

 The video shows Ng’ondi walking about, acknowledging his colleagues and then pompously approaching and impelling Abdiwahid to stand and shake his hand.

Surprise party

 Ng’ondi has however defended himself saying the video was taken during a surprise birthday party which also came following his election in September 2022.

 Said Ng’ondi: “The birthday party organised by the honourable women leaders back in 2022 was blown out of context. The occurrence of the eventful day was never meant to discourage anyone. I have a lot of respect for women and Muslim faithful.”

 But in parliament, the legislators insisted that there is need for specific laws to be put in place to protect Kenyans from further exploitation.

Endebess MP Robert Pukose supported the petition on the amendment of the Penal Code to provide for the offence of sextortion.

 He said: “There is a sexual offence I saw the other day. The Speaker of the Nairobi County Assembly was forcing a Muslim lady to greet and hug him. This is a very serious sexual offence and that character should be dealt with using the law as an example to others.”

Kitui Central MP Makali Mulu said there is need for the petitions committee to scrutinise the petition without necessarily looking at it as one that is affecting females but cuts across the two genders.

National interests

He said: “I thank Hon Passaris for this important petition. The matter she is raising is of national interest and crosscuts in almost all spheres of life and institutions. As the Public Petitions Committee looks at the matter, I plead that they look at it from both sides. Let us not look at it as if it is only the female side which is suffering. Let us see fairness in this matter.”

 Alego Usonga MP Samuel Atandi challenged Parliament to take up the matter seriously and ensure that a sexology law is enacted so women who are being exploited by sex perverts can be protected.

Kitui South MP Rachel Nyamai regretted that sextortion is happening to powerful, less powerful, rich and poor women and has also penetrated the online platform.

 She said: “Ignoring this matter will make perpetrators bolder, especially when they know there is a lacuna in law. So, it is important for this amendment to be done as soon as possible.”