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Thursday, September 12, 2024 — Nairobi — The Public Petitions Committee, chaired by Vihiga MP Hon. Kavai Kagesi, held a session to review a petition submitted by Nairobi County MP, Hon. Esther Passaris, seeking to amend the Penal Code to explicitly define and criminalize the offense of sextortion.
Hon. Passaris raised concerns over the increasing cases of sexual exploitation across both public and private sectors, urging the committee to take immediate action. She highlighted that sextortion — the demand for sexual favors in exchange for resources, services, or opportunities — is a serious violation of human rights and a major hindrance to gender equality, transparency, and accountable governance.
“Sextortion has become a pressing issue in the country, causing immense harm to victims and eroding trust in public and private institutions. It is both an infringement of human rights and a significant obstacle to achieving development goals,” Hon. Passaris argued.
In her petition, Passaris called for amendments to the Penal Code, the Sexual Offences Act, and other relevant criminal laws to explicitly define sextortion as a criminal offense. She also emphasized the need for clear provisions on penalties and victim support.
“Sextortion is coercion, not consent, and our current laws fail to recognize or define it as a distinct form of sexual exploitation and harassment. This gap in legislation hinders effective prosecution and the protection of victims,” she stressed.
The committee heard that while various Non-Governmental Organizations (NGOs) have published research on the prevalence of sextortion in Kenya, the lack of specific legislation has prevented action from being taken. Currently, the Sexual Offences Act and Penal Code provide for sexual harassment and abuse of office but do not directly address sextortion.
In response, the committee resolved to engage key stakeholders, including the Law Society of Kenya, the Kenya Human Rights Commission, the Kenya Law Reform Commission, the Ethics and Anti-Corruption Commission, and the Attorney General’s office, to assess the scope of amendments required.
The petition marks a critical step toward addressing sextortion in Kenya, with the potential for legal reform that will offer better protection for victims and hold perpetrators accountable.
