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Section 19 of Sexual Offences Act: Prostitution of persons with mental disabilities

    

(1) A person who, in relation to a person with mental disability, for financial or other reward, favour or compensation to such person with mental disability or to any other person, intentionally—
(a) commits any offence under this Act with such person with
disabilities;
(b) invites, persuades or induces such person with disabilities to allow him or her to commit any offence under this Act with such person with disabilities;
(c) makes available, offers or engages such person with disabilities for purposes of the commission of any offence under this Act with any person;
(d) supplies, recruits, transports, transfers, harbours or receives such person with disabilities, within or across the borders of Kenya, for purposes of the commission of any offence under this Act with any person;
(e) allows or knowingly permits the commission of any offence under this Act by any person with such person with disabilities;
(f) knowingly or intentionally owns, leases, rents, manages, occupies or has control of any movable or immovable property used for purposes of the commission of any offence under this Act with such person with disabilities by any person;
(g) detains such person with disabilities, whether under threat, coercion,
deception, abuse of power or force for purposes of the commission of any offence under this Act with any person; or
(h) participates in, is involved in, promotes, encourages or facilitates the
commission of any offence under this Act with such person with disabilities by any person,
is, in addition to any other offence which he or she may be convicted, guilty of the offence of being involved in the prostitution of a person with disabilities and shall, upon conviction, be liable to imprisonment for a term of not less than ten years.
(2) A person who intentionally lives wholly or in part on rewards or compensation or receives financial or other reward, favour or compensation from the commission of any offence under this Act with a person with disabilities by another person is guilty of an offence of benefiting from prostitution of a person with disabilities and is liable upon conviction to imprisonment for a term of not less than ten years.
(3) Any person including a juristic person who—
(a) knowingly or intentionally makes or organises any travel arrangements for or on behalf of any person, whether that person is resident within or outside the borders of Kenya, with the intention of facilitating the commission of any sexual offence against a person with disabilities, irrespective of whether that offence is committed or not; or
(b) prints or publishes, in any manner, any information that is intended
to promote or facilitate conduct that would constitute a sexual offence against a person with disabilities,
is guilty of an offence of promoting sex tourism with persons with disabilities and is liable upon conviction to imprisonment for a term of not less than ten years or to a fine of not less than two million shillings.
(4) A juristic person convicted of an offence under this section is liable upon conviction to a fine of not less than two million shillings.

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Disclaimer: This document is not to be taken as legal advise.

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