[Rev. 2012]
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Sexual Offences
Sexual Offences
CAP. 62A
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;
makes available, offers or engages such person with disabilities for
purposes of the commission of any offence under this Act with any
person;
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;
allows or knowingly permits the commission of any offence under this
Act by any person with such person with disabilities;
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;
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
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.
S9 - 13
[Issue 1]
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