The Penal Code (Amendment) Bill, 2022
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Repealing the Offence of 'Idle and Disorderly' Persons
The Bill repeals section 182 of the Penal Code (Cap. 63) in its entirety. This section currently criminalizes actions classified as 'idle and disorderly' behavior.
Decriminalization of Public Begging and Solicitation
By repealing section 182, the Bill removes criminal penalties associated with encouraging begging, public solicitation for immoral purposes, and public indecency.
Abolition of Penalties under Section 182
The amendment abolishes the existing penalties for being an idle and disorderly person, which include a fine of up to one hundred shillings and imprisonment for up to one month for a first offence, and imprisonment for up to one year for subsequent offences.
Bill No.
No. 56 of 2022
Gazette No.
Supplement No. 186 of 2022
Sponsor
David Gikaria
Background
Section 182 of the Penal Code (Cap. 63) criminalizes 'idle and disorderly' behavior in public spaces. According to the Bill's Memorandum of Objects and Reasons, law enforcement officers have frequently used this section to harass innocent members of the public. The Penal Code (Amendment) Bill, 2022 proposes to completely repeal this section to prevent such harassment.
Key Amendments
Repeal of Section 182 of Cap. 63
The Bill proposes the outright repeal of section 182 of the Penal Code. This section currently applies to the following categories of individuals:
- Common prostitutes behaving in a disorderly or indecent manner in any public place.
- Persons causing, procuring, or encouraging any person to beg or gather alms.
- Persons who publicly conduct themselves in a manner likely to cause a breach of the peace.
- Persons who publicly perform indecent acts without a lawful excuse.
- Persons who solicit for immoral purposes in any public place.
Penalties
Under the current law, individuals convicted under section 182 are deemed guilty of a misdemeanour and face the following penalties:
- First Offence: Imprisonment for a term not exceeding one month, a fine not exceeding one hundred shillings, or both.
- Subsequent Offences: Imprisonment for a term not exceeding one year.
The proposed repeal completely abolishes these penalties alongside the offences.
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