Trafficking in persons
  • Offences

    • • Trafficking in persons (adults)
      • Trafficking in children (under 18 years)
  • Acts Involved

    • • Recruitment/Hiring
      • Transportation
      • Transfer
      • Harbouring
      • Receipt
      • Organizing and directing other persons
  • Means Used

    • • Threat
      • Use of force
      • Other forms of coercion
      • Abduction
      • Fraud
      • Deception
      • Abuse of power or a position of vulnerability
      • Giving or receiving payments or benefits to achieve the consent of a person having control over another person

Kenya

Counter-Trafficking in Persons Act

 Article 3-10

UNTOC Articles

  • Organized Crime Convention

  • Trafficking in Persons Protocol

  • Any Article
  • Smuggling of Migrants Protocol

  • Firearms Protocol

    Original Text

    PART II – TRAFFICKING IN PERSONS AND RELATED OFFENCES

    3. Trafficking in persons

    (1) 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.

    (2) 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.

    (3) The recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set out in subsection (1) of this Act.

    (4) An act of trafficking in persons may be committed internally within the borders of Kenya or internationally across the borders of Kenya.

    (5) A person who traffics 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.

    (6) A person who finances, controls, aids or abets the commission of an offence under subsection (1) shall be 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.

    4. Acts that promote child trafficking

    (1) A person who for the purpose of trafficking in persons—

    (a) adopts a child or offers a child for adoption;

    (b) fosters a child or offers a child for fostering; or

    (c) offers guardianship to a child or offers a child for guardianship,

    commits an offence.

    (2) A person who initiates or attempts to initiate adoption, fostering or guardianship proceedings for the purpose of subsection (1) commits an offence.

    (3) A person who commits an offence under this section is liable to imprisonment for a term of not less than thirty years or to a fine of not less than twenty million shillings or to both and upon subsequent conviction, to imprisonment for life.

    5. Promotion of trafficking in persons

    A person who—

    (a) knowingly leases, or being the occupier thereof, permits to be used any house, building, or other premises for the purpose of promoting trafficking in persons;

    (b) publishes, exports or imports, any material for purposes of promoting trafficking in persons; or

    (c) manages, runs or finances any job recruitment agency for the purposes of promoting trafficking in persons;

    (d) by any other means promotes trafficking in persons,

    commits an offence and is liable to imprisonment for a term of not less than twenty years or to a fine of not less than twenty million shillings or to both and upon subsequent conviction, to imprisonment for life.

    6. Acquisition of travel documents by fraud or misrepresentation

    A person who knowingly misrepresents any fact for purposes of facilitating the acquisition of travel documents or fraudulently obtains any document from Government agencies, in order to assist in the commission of an offence of trafficking in persons commits an offence and is liable to imprisonment for a term of not less than ten years or to a fine of not less than ten million shillings or to both and upon subsequent conviction, to imprisonment for a term of not less than ten years without the option of a fine.

    7. Facilitating entry into or exit out of the country

    A person who facilitates, aids or abets the exit or entry of persons from or to the country at international and local airports, territorial boundaries and seaports for the purpose of promoting trafficking in persons 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 a term of not less than thirty years without the option of a fine.

    8. Interfering with travel documents and personal effects

    A person who—

    (a) confiscates, conceals, alters, destroys or in any other manner deals with any identification or travel documents, of another person in furtherance of trafficking in persons or in order to prevent that other person from leaving the country or seeking redress from the Government or appropriate agencies; or

    (b) confiscates, conceals, destroys or in any other manner deals with personal effects of another person or threatens to do so in furtherance of trafficking in persons or in order to prevent that other person from leaving the country or seeking redress from the Government or appropriate agencies,

    commits an offence and is liable to imprisonment for a term of not less than ten years or to a fine of not less than ten million shillings or to both and upon subsequent conviction, to imprisonment for a term of not less than ten years without the option of a fine.

    9. Life threatening circumstances or death

    Where in the course of commission of an offence under this Act—

    (a) a victim of trafficking in persons suffers any permanent or life-threatening bodily harm; or

    (b) by reason of the act of trafficking in persons, the victim of trafficking in persons dies, or is afflicted with any other life threatening or terminal health condition,

    a person convicted of the act of trafficking in persons shall be liable to imprisonment for life.

    10. Trafficking in persons for organized crime

    Where in the course of the prosecution of a person under this Act it emerges that, the person being prosecuted engaged in trafficking in persons as part of the activities of an organized criminal group or that person organized or directed other persons to commit an offence as an activity of an organized group, that person is liable to imprisonment for life.

     
     
     
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