The words prostitution and commercial sex work are used interchangeably by many Kenyans who can't tell difference.
However, there is a difference between the two words in terms of meaning.
Prostitution is the practice or occupation of engaging in sexual activity with someone for payment such as money or gifts.
Commercial sex work, on the other hand, is any professional occupation in the adult entertainment industry and is characterised by a varying degree of physical contact between the parties.
From a linguistic approach, prostitution carries the burden of shame because the word is used to drive a certain social attitude rather than just expressing the act.
The term Sex work is used in a human rights context just as the world has moved beyond using historical terms for people of colour, the lesbian, gay, bisexual, transsexual community and those living with disabilities.
The confusion by a majority is a reflection of the thin line that exists.
According to a legal expert who spoke to Kenyans.co.ke, it is illegal to live wholly or in part on the earnings of prostitution and to aid, abet, compel or incite prostitution.
Section 154 of the Penal Code states that, "Every woman who knowingly lives wholly or in part on the earnings of prostitution, or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person, or generally, is guilty of a felony."
Women who sell sex in Nairobi can be arrested and charged with loitering for the purpose of prostitution, importuning, and indecent exposure.
A majority complain of widespread discrimination, stigma, and violations of human rights by police.
The law does not only target women, who are mostly associated with the vice but also includes men.
Every male person who in any public place persistently solicits or importunes for immoral purposes is also guilty of a felony.
Section 153 explains, "Where a male person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting or compelling her prostitution with any other person, or generally, he shall unless he satisfies the court to the contrary be deemed to be knowingly living on the earnings of prostitution."
The HIV and AIDS Prevention and Control Act 2006 criminalises the transmission of the virus. It, therefore, requires that a person living with HIV discloses their status before engaging in sexual relations with anyone.