NAIROBI, Kenya – Kenya will not introduce a standalone law to criminalise sextortion after MPs concluded that existing legislation sufficiently addresses the offence.
The decision follows the National Assembly’s Public Petitions Committee rejecting a petition that sought amendments to the Penal Code and Sexual Offences Act to explicitly define sextortion and impose harsher penalties.
The petition, spearheaded by Nairobi Woman Representative Esther Passaris, highlighted rising cases of sexual exploitation and blackmail, where victims are coerced into sexual acts or threatened with exposure of intimate images.
Survivors, petitioners argued, often face intimidation and limited legal protection when seeking justice.
However, the committee, chaired by Runyenjes MP Muchangi Karemba, said creating a separate law would duplicate existing provisions.
It cited Sections 23, 24, and 43 of the Sexual Offences Act, which criminalise abuse of authority, coercion, and sexual harassment.
“The enactment of the bill would duplicate existing laws… the aspects are adequately provided for in Section 43 of the Sexual Offences Act,” the report noted. “Existing provisions cover the core elements of sextortion and provide a legal basis for prosecution.”
Petitioners had described sextortion as a covert form of corruption disproportionately affecting women and girls in low-income communities.
Cases presented to Parliament included individuals being forced to exchange sexual favours for essentials such as water, fish, jobs, school grades, or protection from authorities.
Research cited in the petition indicated that 41 per cent of women in some informal settlements had experienced sextortion.
The proposal recommended penalties of up to 15 years in prison, a Sh5 million fine, or both.
The Kenya Law Reform Commission (KLRC) and the Ethics and Anti-Corruption Commission (EACC) supported the call, citing gaps in legal clarity and enforcement.
The KLRC described sextortion as “psychological coercion” targeting women seeking public services, while the EACC said explicit criminalisation would strengthen victim protection.
Despite these arguments, the Office of the Attorney General maintained that current laws already criminalise coercion and abuse of power—a position that proved decisive in the committee’s decision.
Rights groups and survivors had lobbied for the legislative change to offer clearer protections and penalties. With the proposal rejected, sextortion will continue to be prosecuted under existing laws rather than as a separate offence.
