Last Change:
02/26/2025
The Counter-Trafficking in Persons Act
Year: 2010
Type: Domestic law
Rights Category: Liberty & security of person, Social protection
Description
The Counter-Trafficking in Persons Act, 2010 of Kenya provides a legal framework to combat human trafficking, protect victims, and prosecute offenders. It defines trafficking broadly, emphasizing that consent is irrelevant when coercion, fraud, or deception is involved. The Act ensures victims' protection from prosecution for offenses committed under coercion and mandates assistance, including medical care, counseling, and legal aid. It establishes procedures for safe repatriation, guarantees confidentiality, and creates a National Assistance Trust Fund to support victims. By imposing stringent penalties on traffickers, the Act aims to deter trafficking and uphold human.
Selected provisions
A person commits the offence of trafficking in persons when the person recruits, transports, transfers, harbours or receives another person for the purpose of exploitation by means of—
(a) threat or use of force or other forms of coercion;
(b) abduction;
(c) fraud;
(d) deception;
(e) abuse of power or of position of vulnerability;
(f) giving payments or benefits to obtain the consent of the victim of trafficking in persons; or
(g) giving or receiving payments or benefits to obtain the consent of a person having control over another person.
The consent of a victim of trafficking in persons to the intended exploitation shall not be relevant where any of the means set out in subsection (1) have been used.
A person who trafficks another person, for the purpose of exploitation, commits an offence and is liable to imprisonment for a term of not less than thirty years or to a fine of not less than thirty million shillings or to both and upon subsequent conviction, to imprisonment for life.
A victim of trafficking in persons shall not be criminally liable for any offence related to being in Kenya illegally or for any criminal act that was a direct result of being trafficked.
The Government shall, in cooperation with non-governmental organizations, provide assistance to victims of trafficking in persons, including—
(a) appropriate housing;
(b) counselling and information, in particular as regards their legal rights;
(c) medical, psychological and material assistance; and
(d) employment, educational and training opportunities.
The Minister shall, where a victim of trafficking in persons is a foreign national, facilitate their repatriation to their country of origin with due regard to their safety.
Law enforcement agencies, prosecutors and courts shall take all necessary measures to ensure that the identity and privacy of victims of trafficking in persons are protected.
There is established a Fund to be known as the National Assistance Trust Fund for Victims of Trafficking in Persons.